Mariam and Basil YOUSSEF v the Netherlands - 11936/08 [2011] ECHR 1743 (27 September 2011)

Mariam and Basil YOUSSEF v the Netherlands - 11936/08 [2011] ECHR 1743 (27 September 2011)

The applicants' complaints under Articles 2, 3, 5, 14, and Article 1 of Protocol No. 12 were struck out as they were no longer at risk and withdrew these complaints. The Article 6 complaint was inadmissible as immigration proceedings do not fall within its scope. The Article 13 complaint was manifestly ill-founded...

Source-derived case information.

Citation
[2011] ECHR 1743
Parties
Applicant: Mariam Youssef; Applicant: Basil Youssef; Respondent: The Netherlands
Jurisdiction
European Union
Judgment Date
27 September 2011
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility and Costs
Outcome
Application struck out in part, remainder declared inadmissible, partial award of costs for translation expenses.
Legal Topics
Asylum, Expulsion, Effective Remedy, Right to Fair Trial, Discrimination, Costs and Expenses
Human Rights Immigration Law Asylum Expulsion Effective Remedy Right to Fair Trial Discrimination Costs and Expenses

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Parties

Mariam Youssef

Applicant

Basil Youssef

Applicant

The Netherlands

Respondent

Procedural Posture

Application to the European Court of Human Rights / Decision on Admissibility and Costs

Legal Issues

  1. 1 Whether the applicants' complaints under Articles 2, 3, 5, 14 and Article 1 of Protocol No. 12 of the Convention should be struck out due to loss of risk and withdrawal.
  2. 2 Whether the complaint under Article 6 of the Convention is admissible regarding the fairness of asylum proceedings.
  3. 3 Whether the applicants had an effective remedy under Article 13 of the Convention.

Ratio Decidendi

The applicants' complaints under Articles 2, 3, 5, 14, and Article 1 of Protocol No. 12 were struck out as they were no longer at risk and withdrew these complaints. The Article 6 complaint was inadmissible as immigration proceedings do not fall within its scope. The Article 13 complaint was manifestly ill-founded as there was no arguable claim. Legal aid covered legal assistance, but translation costs incurred after notice to the Government were compensable.

Court Disposition

Application struck out in part, remainder declared inadmissible, partial award of costs for translation expenses.

Orders

  • Application struck out as regards complaints under Articles 2, 3, 5, 14, and Article 1 of Protocol No. 12.
  • Remainder of the application declared inadmissible.