A.M.E v THE NETHERLANDS - 51428/10 [2015] ECHR 192 (13 January 2015)

A.M.E v THE NETHERLANDS - 51428/10 [2015] ECHR 192 (13 January 2015)

Applicant failed to establish a real and imminent risk of hardship severe enough to fall within Article 3 ECHR if returned to Italy; no evidence Italian authorities would not respond appropriately; complaints manifestly ill-founded and inadmissible.

Source-derived case information.

Citation
[2015] ECHR 192
Parties
Applicant: A. M. E.; Respondent: Netherlands Government; Intervenor: Italian Government
Jurisdiction
European Union
Judgment Date
13 January 2015
Procedural Posture
Application to European Court of Human Rights / Decision on Admissibility
Outcome
application inadmissible
Legal Topics
Article 3 ECHR, Dublin Regulation, Subsidiary Protection, Refoulement, Asylum Procedures
Human Rights Immigration Asylum Article 3 ECHR Dublin Regulation Subsidiary Protection Refoulement Asylum Procedures

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Parties

A. M. E.

Applicant

Netherlands Government

Respondent

Italian Government

Intervenor

Procedural Posture

Application to European Court of Human Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether transfer of applicant to Italy would violate Article 3 ECHR due to risk of inhuman or degrading treatment
  2. 2 Whether applicant would have access to adequate asylum procedures and remedies in Italy
  3. 3 Whether applicant faced risk of refoulement to Somalia

Ratio Decidendi

Applicant failed to establish a real and imminent risk of hardship severe enough to fall within Article 3 ECHR if returned to Italy; no evidence Italian authorities would not respond appropriately; complaints manifestly ill-founded and inadmissible.

Court Disposition

application inadmissible

Orders

  • application declared inadmissible
  • application of Rule 39 interim measure comes to an end