K.A.B. v. Sweden - 886/11 - Legal Summary [2013] ECHR 964 (05 September 2013)

K.A.B. v. Sweden - 886/11 - Legal Summary [2013] ECHR 964 (05 September 2013)

The Court found that the general situation in Mogadishu had improved and did not in itself create a real risk of treatment contrary to Article 3 ECHR for all returnees. The applicant failed to substantiate a personal risk of being targeted or ill-treated. Therefore, his deportation would not violate Articles 2 or 3...

Source-derived case information.

Citation
[2013] ECHR 964
Parties
Applicant: K. A. B.; Respondent: Sweden
Jurisdiction
European Union
Judgment Date
05 September 2013
Procedural Posture
Application for Asylum / Expulsion / Judgment
Outcome
deportation would not constitute a violation of the Convention
Legal Topics
Expulsion, Asylum, Article 3 ECHR, Risk of Ill Treatment, Country Conditions
Human Rights Law Immigration Law Expulsion Asylum Article 3 ECHR Risk of Ill Treatment Country Conditions

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Summary, issues, holding and outcome

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Parties

K. A. B.

Applicant

Sweden

Respondent

Procedural Posture

Application for Asylum / Expulsion / Judgment

Legal Issues

  1. 1 Whether expulsion of the applicant to Mogadishu, Somalia, would violate Articles 2 or 3 of the European Convention on Human Rights

Ratio Decidendi

The Court found that the general situation in Mogadishu had improved and did not in itself create a real risk of treatment contrary to Article 3 ECHR for all returnees. The applicant failed to substantiate a personal risk of being targeted or ill-treated. Therefore, his deportation would not violate Articles 2 or 3 of the Convention.

Court Disposition

deportation would not constitute a violation of the Convention