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The ECtHR has ruled that the refusal in 2007 to extend the Turkish Applicant’s residence permit in Switzerland and his consequent expulsion in 2008 struck a fair balance between the interests of public order and safety on the one hand and the Applicant’s right to a family life on the other. The Applicant had lived for 18 years in Switzerland prior to expulsion, and is now back with his wife and children in Switzerland with a new residence permit. He complains about the interference with his Article 8 right to family life in the intervening period, from 2007-8 to February 2013.
Date:
Monday, February 17, 2014
On 12 February 2014 the Grand Chamber of the ECtHR heard the complaint of the Tarakhel family against the Swiss government’s order that they be transferred to Italy under the Dublin II Regulation. The family submitted that removal would violate their rights under Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights due to the accommodation conditions for asylum seekers in Italy.
The Applicant is a Sudanese national and has been the human rights officer of the anti-government group Sudan Liberation Movement-Unity (SLM-Unity), based in Switzerland, since 2009. He applied for asylum in Switzerland twice, in 2004 and 2009. He claimed to the Swiss refugee authority that he fled his home village in North Darfur, Sudan, when it was attacked by Janjaweed, a government-backed militia that operates in Darfur and is in conflict with Darfur rebel groups.
Date:
Monday, December 23, 2013
The Report finds that 8 out of 10 (83.9% or 3,000/3,551) of Dublin transfers to Italy are issued by Switzerland. According to the Report, due to a comparatively limited reception capacity, only a minority of transferees are able to benefit from an ERF funded project, which provides 220 places to Dublin asylum seekers. The Report states that the deficient asylum system leaves many homeless or forced to engage in criminal activities and prostitution.
The Report finds that 8 out of 10 (83.9% or 3,000/3,551) of Dublin transfers to Italy are issued by Switzerland. According to the Report, due to a comparatively limited reception capacity, only a minority of them are able to benefit from an ERF funded project, which provides 220 places to Dublin asylum seekers.
In its judgment of 17 September 2013, D-5705/2010 (German), the the panel of five judges (indicating general significance) assessed recent country of origin information and concluded that situation cannot anymore be considered as one of extreme generalized and widespread violence that would lead to a real risk of inhuman treatment contrary art. 3 ECHR for every person living in Mogadishu. The Court does not mention the recent ECtHR judgment of K.A.B. v Sweden (no. 17299/12) (5 September 2013), in which the Strasbourg court reached the same conclusion.
