Communicated case against the UK (application no. 30919/20)

Friday, November 20, 2020

H.A. v United Kingdom (application no. 30919/20) concerns Mr. H.A, a stateless person of Palestinian origin living in the UK, who was born in the Ein El-Hilweh refugee camp in Lebanon. Both his application for international protection and subsequent appeals were unsuccessful. 

The applicant complains that he faces a real risk of severe mistreatment by paramilitary groups if he is returned to the Ein El-Hilweh camp in violation of Article 3 ECHR. He complains in particular, that the domestic courts only took pre-flight events into account, while failing to address the merits of his claim of future risk.

The ECtHR first asks the Parties whether there has been a violation of Article 3, taken alone or in conjunction with Article 13, on account of the failure of the domestic courts to examine whether the applicant’s risk of forcible recruitment by extremist groups in the Ein El-Hilweh camp gave rise to a real risk of being subjected to treatment contrary to Article 3 upon return to Lebanon. Secondly, the Court asks whether the applicant would face a real risk of being subjected to treatment contrary to Article 3 if returned to Lebanon.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.                               

Inhuman or degrading treatment or punishment