In Part A the Applicant seeks in substance that first, second and third Respondents be interdicted from refusing to administer emergency healthcare to her whilst in Part B the Applicant seeks an order declaring that fifth and sixth Respondents policy of refusing placement of a asylum seekers and or refugees into the chronic renal treatment programme, kidney analysis, kidney and renal transplant to be inconsistent with the Bill of Rights in the constitution.
The FAC has reached the conclusion that the Italian asylum system has no systemic weaknesses, including following the Salvini decree, meaning that transfers under the Dublin procedure are still permissible as a basic principle. However, the court has opted to impose restrictions in the case of families and seriously ill asylum seekers, for whom Dublin transfers to Italy will only be permitted again if the Italian authorities give individual guarantees of adequate care and accommodation in advance.