Austria: Constitutional Court rules Dublin transfer of vulnerable asylum seekers to Italy without individual guarantees regarding their reception conditions unlawful
The Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl) rejected their asylum application pursuant the Dublin III Regulation as the family had entered the European Union in Italy. The Federal Office alleges that individual guarantees were obtained from the Italian authorities regarding the reception of the applicants in accordance with Tarakhel v Switzerland (no. 29217/12). It referred to the Circular Letter: Guarantees for vulnerable cases; family groups with minors of 8 June 2015 and an letter entitled ‘Reception Guarantees according to Tarakhel v. Switzerland’ from the Italian Ministry of Interior. The Federal Administrative Court ruled in favour of the Federal Office.
On 30 June 2016, the Austrian Constitutional Court ruled upon the requirement of individual guarantees regarding the Dublin transfers of vulnerable asylum seekers to Italy. The case relates to four Syrian nationals, a father and his three underage children. One of the children in suffering from post-traumatic stress disorder and dissociative disorder not otherwise specified (DDNOS).
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