Case Law

On 11 February 2020, the Swiss Federal Administrative Tribunal (TAF) ruled in case F-7195/2018 concerning the Dublin transfer of an asylum seeker to Bulgaria that there are no systemic flaws in the asylum procedure and in the reception conditions for applicants in Bulgaria, and that there is no reason for a complete suspension of Dublin transfers to Bulgaria. The court ruled that the Swiss asylum authority SEM should assess on a case-to-case basis whether a Dublin transfer must be suspended. This examination could include obtaining concrete and prior guarantees from the Bulgarian authorities. A transfer is only possible if the possibility that the asylum-seeker concerned would be subjected to inhuman and degrading treatment on his return to Bulgaria is excluded. In this particular case, the appeal against the transfer decision was made by the applicant, arguing that she suffered from post-traumatic stress disorder which could not be treated adequately in Bulgaria, that she risked not being able to access the regular reception services due to the fact that her asylum application had already been rejected by the Bulgarian authorities, that she even risked being detained and subjected to inhuman conditions and that she finally risked being returned to her country of origin contrary to the principle of non-refoulement. Taking her particular circumstances into account, the TAF quashed the transfer decision and upheld the appeal, ruling that even though there are no systemic deficiencies in the asylum system in Bulgaria, the transfer decision should be based on a detailed analysis of all relevant circumstances of the asylum seeker.

11 February 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Freedom from torture, inhuman and degrading treatment - Post-traumatic stress disorder (PTSD) - Reception - Rejected asylum-seekers | Countries: Bulgaria - Sri Lanka - Switzerland

4 May 2016 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Post-traumatic stress disorder (PTSD) - Tajik | Countries: Afghanistan - Netherlands

30 June 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Burden-sharing and international co-operation - Freedom from torture, inhuman and degrading treatment - Post-traumatic stress disorder (PTSD) - Regional instruments - Right to family life | Countries: Italy - Switzerland - Syrian Arab Republic

12 February 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Albanians - Family reunification - Muslim - Post-traumatic stress disorder (PTSD) | Countries: Belgium - Serbia

23 December 2013 | Judicial Body: France: Cour nationale du droit d'asile | Topic(s): Credibility assessment - Mental health - Post-traumatic stress disorder (PTSD) - Racial / Ethnic persecution | Countries: Congo, Democratic Republic of the - France

12 December 2013 | Judicial Body: France: Cour nationale du droit d'asile | Topic(s): Credibility assessment - Mental health - Post-traumatic stress disorder (PTSD) | Countries: France - Rwanda

On 10 February 2012 the ECtHR applied the interim measure under Rule 39 and requested the Austrian Government to stay the expulsion of the applicants from Austria to Italy under the Dublin II Regulation, until further notice.

30 January 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Countries: Austria - Italy - Russian Federation

14 July 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Chinese - Christian - Country of origin information (COI) - Post-traumatic stress disorder (PTSD) - Racial / Ethnic persecution - Religious persecution (including forced conversion) | Countries: Australia - Indonesia

12 July 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) | Countries: Australia - Russian Federation

15 June 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Post-traumatic stress disorder (PTSD) - Sexual and gender-based violence (SGBV) - Social group persecution | Countries: Australia - Somalia