Facts:The applicant was an Afghan national. He applied for asylum in Austria. His application was transferred to Hungary under the Dublin II Regulation. His removal was suspended on the basis of an interim measure granted by the European Court of Human Rights (ECHR). The applicant contended that, if transferred to Hungary, he would be at risk of imprisonment in atrocious … Read More
Mohammadi v Austria
Respondent/Defendant: | Austria |
Citation/s: | Application No. 71932/12 |
Nature of Proceedings: | Appeal |
Judgment Date/s: | 03 Jul 2014 |
Judge: | European Court of Human Rights (First Section) |
Category: | Refugee Law |
Keywords: | Asylum, Dublin Regulation, Refoulement, Refugee |
URL: | http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-145233#{%22fulltext%22:[%22Mohammadi%20v%20Austria%22],%22itemid%22:[%22001-145233%22]} |
Geographic Focus: | Europe |
Principles: | An EU Member State which is, therefore, a Contracting State to the ECHR, is precluded under the ECHR from transferring a person to another State under the Dublin II Regulation where substantial grounds have been shown for believing that he would face a real risk of being subjected to treatment contrary to article 3 ECHR in the receiving country. In deciding whether a real risk exists, regard must be had to the laws of the receiving State, reception conditions there, whether it is possible for the returnee to have his or her application for asylum examined there, and whether or not the UNHCR has issued a position paper requesting the cessation of returns to that country. |