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*Law of Aliens

Published on June 26th, 2018 | by Georgia Archonti


ECtHR – H and others v. Switzerland (application no. 67981/16) [inadmissibility decision], 15 May 2018

On 7 June 2018, the ECtHR, sitting in a committee of three judges, declared the case H and others v. Switzerland (application no. 67981/16) inadmissible. The case concerns the Dublin transfer from Switzerland to Italy of a family from the Central African Republic, of which two members, including a new born, were under HIV-related medical treatment in Switzerland.
First, the ECtHR reiterated that the situation for asylum applicants in Italy cannot be compared to the situation in Greece at the time of the M.S.S. v. Belgium and Greece judgment, and that the structure and overall situation of the reception arrangements in Italy cannot in themselves act as a bar to all transfer to that country.

Second, it found that there was no indication that the Italian authorities would fail to honour their assurance to accommodate the applicants in a SPRAR reception centre designed for families with minor children, and that they had been informed about their state of health and their medical needs and confirmed the availability of the necessary treatment.

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