Case summaries

The European Court of Human Rights held that the expulsion of an Eritrean deserter to Eritrea would give rise to a violation of Article 3 of the Convention.

If any fact emerges during the interview, which indicates that the applicant could be persecuted for exercising his political rights and freedoms, or has a well-founded fear of being persecuted on the grounds upon which asylum can be granted, the Ministry of Interior obliged to conduct the interview in a way that would achieve an outcome which is sufficiently clear for the needs of considering the asylum claim. It is also necessary to evaluate the way in which state power is exercised in the country of origin, and the real possibility of exercising one’s political rights and other circumstances that could establish grounds for international protection.

This case considered of the support available for asylum seekers. It was held that the system in place was not procedurally fair and that Art 3 of European Convention on Human Rights (ECHR) was engaged. Judicial review of the refusal was not an adequate remedy for refusal of support where the administrative procedure was unfair and inadequate.

This case involved a Somali refugee in Austria whose refugee status was ordered as forfeited after a criminal conviction. Because of the absolute nature of Art. 3, the Court found his criminal conviction immaterial and that he still faced a serious risk of persecution in Somalia, therefore Austria would breach its obligations under Art. 3 if his deportation was executed. 

This case involved the UK’s attempted deportation of an Indian citizen and leader of the Sikh separatist movement who lived in the UK and was allegedly a national security threat. Because of the risk of ill-treatment, the Court found the UK would breach Art. 3 if he were deported to India, in conjunction with a violation of Art. 13. Because he was not able to review the lawfulness of his prolonged detention, the Court also found a violation of Art. 5 (4).