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30/08/2022
The ECtHR concluded to a violation of Article 3 for the expulsion of Russian national of Chechen origin after revocation of his refugee status

ECLI
ECLI:CE:ECHR:2022:0830JUD004985720
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], R. v France, 49857/20, ECLI:CE:ECHR:2022:0830JUD004985720, 30 August 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=2709
Case history
Other information
Abstract

According to the ECtHR press release:


"The Court held, unanimously, that there had been a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights.


The case concerned the deportation to Russia of a Russian national of Chechen origin after his refugee status had been revoked. Having noted that the applicant had remained a refugee, even though his status had been revoked pursuant to Article L. 711-6 of the Immigration and Asylum Code (CESEDA), the Court referred to its case-law according to which the fact of being a refugee was a factor to which the authorities should have particular regard when determining the reality of the alleged risk in the event of an individual’s expulsion.


The Court observed that the Administrative Court, the day before the applicant’s actual deportation, had rejected the urgent application for suspensive relief lodged by the applicant, without indicating the specific reasoning for that decision. In two judgments of February 2021, subsequent to the deportation, the Administrative Court had dismissed the applicant’s action for the setting-aside of the deportation order and the directions specifying the Russian Federation as the destination country. The Court was of the view that this solution had been based on an in-depth assessment of the applicant’s situation, but found that, as it had taken place after the applicant’s deportation, the Administrative Court’s assessment in February 2021 could not have remedied the inadequacy of the earlier risk analysis."


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
49857/20
Date of Decision
30/08/2022
Country of Origin
Russia
Keywords
Withdrawal/End/Revocation/Renewal of Protection
Return/Removal/Deportation
Torture or inhuman or degrading treatment or punishment