The applicant, a Pakistani national, entered Italy in Trieste in July 2020. He was informally readmitted to Slovenia, subsequently readmitted to Croatia who proceeded to push the applicant back to Bosnia. The Court found that the asylum seeker had not been issued an official decision and an individual assessment was not made by the authorities. Therefore the applicant’s right to an effective remedy was violated. The Court found that the applicant’s detention was not subjected to review by the judiciary and was there unlawful. The removal from the territory was unlawful and constituted non-refoulement. The Court stated that the applicant has a right under Art. 10 (3) of the Italian Constitution to re-enter the country and be allowed to lodge an asylum application. The Court also found the Italian-Slovenian unlawful as it was not ratified by the Italian Parliament. The complaint was filed as a preliminary proceeding (“procedimento cautelare”).
M.Z. v the Ministry of Interior – N.R.G. 56420/2020
Court Court of Rome
Found for Applicant