CCPR/C/114/D/2360/2014 3.2 The author states that her circumstances are in contrast with those in the case of Mohammed Hussein and Others v. the Netherlands and Italy,7 because she has already experienced being transferred from the Netherlands to Italy, and she did not, neither on arrival nor later, have any assistance from the Italian authorities in securing the basic needs of her family, namely, shelter, food, medical assistance at birth, nor was she provided with any assistance to find work, more permanent housing and to integrate into Italian society. 3.3 The author adds that if they were to return to Italy, she and her children would be at a real risk of facing inhuman and degrading treatment because, based on her previous experience and subsequent developments, they would be exposed to destitution and homelessness, with no prospects of finding a durable humanitarian solution. The author draws attention to her status as a single mother with three small children, the youngest of whom is two and a half months old. She notes that after she was told to leave the Italian reception facilities in September 2008, when she was granted subsidiary protection, she had not been able to find shelter, access to medical care, work or any durable humanitarian solution for her and her children. She states that her Italian residence permit expired in November 2011 and that she does not have the funds to renew it or find shelter and food while awaiting its renewal. State party’s observations on the admissibility and the merits 4.1 In its observations dated 31 October 2014, the State party informed the Committee that in a decision dated 23 July 2014, the Danish Refugee Appeals Board rejected the author’s application to re-open her asylum process. The State party considers that the communication is manifestly ill-founded and should therefore be declared inadmissible; for the same reasons, the State party considers that it is wholly without merit. More specifically, the State party considers that the author did not provide any essential new information or views on her circumstances, beyond the information already relied upon during the asylum proceedings, and Appeals Board had already considered that information in its decisions of 6 February and 23 July 2014. The Appeals Board found that the author had previously been granted subsidiary protection in Italy and could return to Italy and stay there lawfully with her children; therefore, Italy is considered the “country of first asylum”, which justifies the refusal of the Danish authorities to grant her asylum, in accordance with section 7 (3) of the Aliens Act. When applying the principle of country of first asylum, the Refugee Appeals Board requires, at a minimum, that the asylum seeker is protected against refoulement and that he or she be able to legally enter and take up lawful residence in the country of first asylum. 4.2 According to the State party, such protection includes certain social and economic elements, as asylum seekers must be treated in accordance with basic human standards and their personal integrity must be protected. The core element of such protection is that the person(s) must enjoy personal safety, both upon entering and while staying in the country of first asylum. However, requiring that the asylum seeker will have the exact same social and living standards as nationals of the country is not possible. 4.3 In response to the author’s allegations regarding the humanitarian situation in Italy, the State party refers to the decision of inadmissibility handed down by the European Court of Human Rights in Mohammed Hussein and Others v. the Netherlands and Italy in 2013. In that case, taking into account the reports drawn up by both governmental and nongovernmental organizations, the Court considered that “while the general situation and living conditions in Italy of asylum seekers, accepted refugees and aliens who have been granted a residence permit for international protection or humanitarian purposes may 7 6 See Mohammad Hussein and Others v. the Netherlands and Italy.