Dost Ali v Sweden: Inadmissibility decision on grounds of failing to exhaust domestic remedies

Thursday, January 30, 2020

On 30 January 2020, the European Court of Human Rights published its inadmissibility decision in the case of Dost Ali v Sweden (Application No. 8158/18).

The applicant, an Afghan national, left Iran with his wife and 2 children in 2012. The family was separated and the wife and daughter arrived in Sweden. The daughter was later taken into care and granted a permanent residence permit. The applicant arrived in Sweden with his son in 2014 and made an application for asylum. Both their asylum application and their application for residence permits based on family ties were rejected. The latter was rejected on the grounds that, inter alia, they had failed to provide proof of their identities and maintain contact with the wife. The applicant was subsequently ordered to leave Sweden. The daughter was later adopted by foster parents and the applicant was granted the right to have contact. He complained that the domestic immigration proceedings and outcome amounted to a violation of Article 8 ECHR.

The Court noted the government’s argument that while the applicant had managed to obtain an Afghan passport, he did not supply this to domestic authorities. As a result, the Migration Agency was unable to reexamine the application. As such, the complaint was found to be inadmissible due to a failure to exhaust all possible domestic remedies.

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 pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.




Family unity (right to)