I.N. v Sweden - 1334/09 [2009] ECHR 1494 (15 September 2009)

I.N. v Sweden - 1334/09 [2009] ECHR 1494 (15 September 2009)

The applicant failed to substantiate her claims of risk of persecution, torture, or death upon return to Burundi; her evidence and narrative were inconsistent and lacked credibility; thus, her return would not violate Articles 2 or 3 of the Convention. Article 6 does not apply to asylum proceedings.

Source-derived case information.

Citation
[2009] ECHR 1494
Parties
Applicant: I. N.; Respondent: Sweden
Jurisdiction
European Union
Judgment Date
15 September 2009
Procedural Posture
Application for Asylum / Deportation Challenge / Decision on Admissibility
Outcome
application inadmissible
Legal Topics
Asylum, Deportation, Prohibition of Torture, Right to Life, Inadmissibility, Article 2 ECHR, Article 3 ECHR, Article 6 ECHR
Human Rights Law Immigration Law Asylum Deportation Prohibition of Torture Right to Life Inadmissibility Article 2 ECHR +2 more

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Parties

I. N.

Applicant

Sweden

Respondent

Procedural Posture

Application for Asylum / Deportation Challenge / Decision on Admissibility

Legal Issues

  1. 1 Whether deportation of the applicant to Burundi would violate Articles 2 and 3 of the European Convention on Human Rights (risk to life, torture, inhuman or degrading treatment)
  2. 2 Whether the lack of oral hearings in migration courts violated Article 6 of the Convention

Ratio Decidendi

The applicant failed to substantiate her claims of risk of persecution, torture, or death upon return to Burundi; her evidence and narrative were inconsistent and lacked credibility; thus, her return would not violate Articles 2 or 3 of the Convention. Article 6 does not apply to asylum proceedings.

Court Disposition

application inadmissible

Orders

  • Application declared inadmissible under Article 35 §§ 3 and 4 of the Convention.
  • Interim measure under Rule 39 discontinued.