On the 26th of April 2023, the Council of State delivered its judgment NL22.25797. The case concerns a Nigerian national who applied for asylum in the Netherlands, after having lodged asylum claims in Italy, Switzerland and Austria. The Dutch State Secretary did not assess the the application and declared that Italy is the responsible Member State (MS).
The Council noted that there is a lack of available reception facilities requiring Italy to request MS to temporarily suspend Dublin transfers. The Council highlighted that it is not possible to determine when the lack of reception facilities will be resolved and when transfers to Italy can be resumed. Moreover, the Council derived from reports of the Italian authorities that there are no reception facilities available for Dublin applicants. The Council thus found that TCN encounter a real risk, beyond their own will and choices, to end up in a situation of very far-reaching material deprivation upon return to Italy as a result of which they will be unable to meet their most important basic needs, such as shelter, food and running water. The Council therefore concludes the State Secretary cannot rely on the principle of mutual trust with respect to Italy and that the transfer decision is unlawful.
We would like to thank Flip Schüller, advocaat at Prakken d’Oliveira, for bringing this case to our attention