Communicated on 24 October 2019 and 16 January 2020

FOURTH SECTION

Application no. 48062/19 V.A. and Others against the Netherlands and Italy lodged on 12 September 2019

SUBJECT MATTER OF THE CASE

The application concerns a husband and wife from Nigeria and their four minor children who are between three months and eight years old. The applicants ’ asylum applications were not taken up for consideration by the Netherlands authorities as it was found that the Italian authorities were responsible for the processing of those applications pursuant to the Dublin Regulation. It was held that the entry into force of the new Italian Law No. 132/2018 – the so-called “ Salvini Decree” – did not lead to the conclusion that the asylum proceedings and reception conditions in Italy were affected by such systemic shortcomings that reliance could no longer be placed on the principle of mutual interstate trust ( interstatelijk vertrouwensbeginsel ). On 14 March 2019 the Netherlands authorities requested their Italian counterparts to accept the applicants ’ return to Italy under Article 18 § 1 (b) of the Dublin Regulation. On 25 March 2019 the Italian authorities accepted this request. After the applicants had unsuccessfully challenged the Netherlands authorities ’ decision in administrative appeal proceedings, the Netherlands authorities planned to return the applicants to Italy under the Dublin Regulation.

The applicants complain that their return to Italy under the Dublin Regulation, without individual guarantees from the Italian authorities that they will be provided with adequate reception facilities and access to medical care, will breach Article 3 of the Convention.

On the basis of information provided by the Italian Government on 9 December 2019, it became clear that on 10 January 2017 the applicants had been granted in Italy residence permits for humanitarian protection (valid for two years) and that their subsequent requests for renewal filed on 24 January 2019 had been granted in the form of a residence permit for “special protection”.

QUESTIONS TO THE ITALIAN GOVERNMENT

If so, what was the outcome?

And if so, what are those differences as regards entitlement to accommodation, education, health care, social insurances and access to the labour market?

QUESTIONS TO THE NETHERLANDS GOVERNMENT

APPENDIX

No.

Applicant ’ s Name

Birth date

Nationality

Place of residence

1.V.A.

16/04/1991

Nigerian

Heemserveen

2.A.A.

30/12/2013

Nigerian

Heemserveen

3.I.A.

05/09/2017

Nigerian

Heemserveen

4.J.A.

17/01/2011

Nigerian

Heemserveen

5.R.A.

02/08/1994

Nigerian

Heemserveen

6.S.A.

11/06/2019

Nigerian

Heemserveen