M.E. v. Sweden - 71398/12 - Legal Summary [2014] ECHR 801 (26 June 2014)

M.E. v. Sweden - 71398/12 - Legal Summary [2014] ECHR 801 (26 June 2014)

The applicant failed to provide a coherent and credible account of risk, and there was insufficient evidence that homosexuals are actively persecuted in Libya post-2011. The requirement to return to Libya to apply for family reunion, with the possibility to apply online and only a short waiting period, did not amount to a violation of Article 3.

Citation
[2014] ECHR 801
Parties
Applicant: M. E.; Respondent: Sweden
Jurisdiction
European Union
Judgment Date
26 June 2014
Procedural Posture
Asylum/expulsion Appeal / Judgment
Outcome
no violation of Article 3 ECHR
Legal Topics
Expulsion, Asylum, Sexual Orientation, Article 3 ECHR
Human Rights Immigration Law Expulsion Asylum Sexual Orientation Article 3 ECHR

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Parties

M. E.

Applicant

Sweden

Respondent

Procedural Posture

Asylum/expulsion Appeal / Judgment

Legal Issues

  1. 1 Whether expulsion of a homosexual applicant to Libya would violate Article 3 of the European Convention on Human Rights

Ratio Decidendi

The applicant failed to provide a coherent and credible account of risk, and there was insufficient evidence that homosexuals are actively persecuted in Libya post-2011. The requirement to return to Libya to apply for family reunion, with the possibility to apply online and only a short waiting period, did not amount to a violation of Article 3.

Court Disposition

no violation of Article 3 ECHR