Case summaries
ECtHR - A.M.A. v. the Netherlands, Application No. 23048/19, 24/10/2023
Country of applicant:
Bahrain
Keywords:
Credibility assessment, Effective remedy (right to), Individual assessment, Non-refoulement, Real risk
States have a rigorous procedural obligation under Article 3 ECHR when assessing the risk of ill-treatment in a last minute asylum application submitted shortly before removal. Even where a subsequent application is made at a very late stage, domestic authorities cannot dismiss newly submitted documents as irrelevant due to lack of authenticity or translation without conducting any substantive assessment of their potential relevance in light of the applicant's individual circumstances and the general situation in the country of origin.
Date of decision:
24-10-2023