ECtHR Communicated cases against Ukraine, Sweden, Azerbaijan and the Netherlands

Wednesday, May 16, 2018

The European Court of Human Rights has recently communicated several asylum-related cases:

  • Kharitonov v. Ukraine (application no. 49207/10): concerning an Ukrainian national who had his right to leave the territory limited on the ground that criminal proceedings were pending against him in the Republic of Moldova. His appeal against the refusal to deliver him a passport was rejected on two instances. He complains under Article 2 of Protocol No. 4 that the Ukrainian authorities have unlawfully restricted his freedom of movement by refusing to issue him a new external passport.
  • Eze v. Sweden (application no. 57750/17): concerning a Nigerian national who is married to a Swedish national with whom he has a son. He complains under Article 8 ECHR that the refusal to grant him a residence permit has led to the disruption of his family life.
  • Talibova v. Azerbaijan (application no. 56716/16): concerning a Russian national who was stopped at the Azerbaijani/Russian border and handed over to the Azerbaijani authorities whilst on her way to visit her sick mother in Russia. She was banned from the territory of Azerbaijan for three years. The applicant complains under Article 6(1) ECHR that the domestic courts failed to address her arguments and deliver a reasoned judgment. Relying on Article 8 ECHR, she further complains that excluding her from the territory of Azerbaijan for a period of three years constitutes a disproportionate interference with her right to respect for her family life.
  • A.R.B. v. the Netherlands (application no. 8108/18): concerning an Afghan national whose second asylum application, in which he claimed for the first time that he was a homosexual, was rejected because his sexual orientation was not deemed credible. He complains that he would face a real risk of being subjected to treatment in breach of Article 3 ECHR on account of his sexual orientation if returned to Afghanistan.

This item was reproduced with the permission of ECRE from the weekly ELENA 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. 



Family unity (right to)
Freedom of movement (right to)
Inhuman or degrading treatment or punishment
Sexual orientation