Specific assurances not needed for 3rd country removal of families to Italy
Another Dublin / 3rd country removal case. Now that Italy has made general assurances to their EU partners that families will be accommodated together in appropriate conditions that do not breach Article 3, following the judgment in Tarakhel v Switzerland, specific assurance will not need to be made in any individual case.
Ms Chandran submitted that there needed to be specific assurances from the Italian authorities in line with Tarakhel and thus the claimant and her child should not be removed. In my view a specific assurance is unnecessary, indeed unworkable. It would be futile for the Italian authorities to allocate a place to the claimant and her child, given the heavy demands, while this case is ongoing. In accordance with the assurances, a specific facility will be determined where the claimant and her child will be accommodated once there is a confirmed transfer date.