According to the decision of the North Rhine-Westphalian Higher Administrative Court (OVG), those seeking protection or asylum who have entered Italy cannot simply be sent back there from Germany. The court sees in the EU country a serious risk of inhuman and degrading treatment, as shown in two judgments published on Thursday. The cases involve a person from Somalia recognized in Italy and an asylum seeker from Mali. Both had traveled on to Germany (Ref .: 11 A 1674 / 20.A and 11 A 1689 / 20.A, judgments of July 20, 2021).
According to EU law (Dublin procedure), the Member State in which the asylum seeker first entered is responsible for asylum applications. Therefore, Germany is basically entitled to push back those seeking protection who entered the EU via Italy. According to the ruling, however, those seeking protection in Italy face extreme material hardship. “Both plaintiffs do not have access to a reception facility and related care in the event that they return to Italy. They no longer have the right to accommodation in Italy, ”the reasoning stated. The plaintiffs would also find no work in the current labor market and economic situation in Italy.
In January the OVG had already forbidden a return to Greece by the Federal Office for Migration and Refugees for comparable reasons. The OVG did not allow a revision. An appeal against this decision is possible at the Federal Administrative Court in Leipzig.