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26/04/2022
The ECtHR dismissed the complaints of a minor applicant regarding the temporary placement is separate facilities from his siblings.

ECLI
ECLI:CE:ECHR:2022:0426DEC003429818
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], A.J. v Greece, 34298/18, ECLI:CE:ECHR:2022:0426DEC003429818, 26 April 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2571
Case history
Other information
Abstract

The applicant, a stateless Palestinian and unaccompanied minor, was granted asylum in Greece in 2016 and his status was revoked later on and a decision was issued for his return to Palestine. On 24 July 2018, the ECtHR granted an interim measure to stop the applicant’s return to the Occupied Palestinian Territory. The applicant complained that a violation would take place under Article 3 of the Convention if he were to be returned. He also complained about the lack of psychological medical assistance. He further complained under Articles 8 and 13 of the Convention about alleged failures to appoint a guardian, the revocation procedure and his placement away from his siblings during this procedure.


Under Articles 3 and 13 of the Convention, the court dismissed the complaint as in the meantime the status was regained by the applicant and the return was cancelled. It also dismissed the complaint concerning the lack of medical treatment and held that he was monitored regularly, received appropriate psychological support.


The court also dismissed the complaint regarding the failure to appoint a guardian and the alleged deficient procedure holding that the decision of revocation and return were now obsolete.


Regarding the placement in reception facilities, the court did not find unreasonable the separation of the children. Although the placement in different cities constituted an interference with the right to respect for family life, the measure was temporary and at least one visit was organized, and the children were reunited without delay.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
34298/18
Date of Decision
26/04/2022
Country of Origin
Palestine State
Keywords
Minor / Best interests of the child
Reception/Accommodation
Return/Removal/Deportation