Mohammed Hussein and Others v. the Netherlands and Italy - 27725/10 - Legal Summary [2013] ECHR 482 (02 April 2013)

Mohammed Hussein and Others v. the Netherlands and Italy - 27725/10 - Legal Summary [2013] ECHR 482 (02 April 2013)

The applicant failed to demonstrate that her treatment in Italy, or her future prospects if returned, would reach the minimum level of severity required for a violation of Article 3. The Italian authorities had provided adequate facilities and support, and there was no systemic failure in the reception system for asylum seekers.

Citation
[2013] ECHR 482
Parties
Applicant: Mohammed Hussein; Respondent: The Netherlands; Respondent: Italy
Jurisdiction
European Union
Judgment Date
02 April 2013
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility
Outcome
inadmissible (manifestly ill-founded)
Legal Topics
Article 3 ECHR, Degrading Treatment, Inhuman Treatment, Expulsion, Dublin II Regulation, Asylum Procedure

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Parties

Mohammed Hussein

Applicant

The Netherlands

Respondent

Italy

Respondent

Procedural Posture

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

  1. 1 Whether the proposed removal of the applicant to Italy under the Dublin II Regulation would violate Article 3 of the European Convention on Human Rights

Ratio Decidendi

The applicant failed to demonstrate that her treatment in Italy, or her future prospects if returned, would reach the minimum level of severity required for a violation of Article 3. The Italian authorities had provided adequate facilities and support, and there was no systemic failure in the reception system for asylum seekers.

Court Disposition

inadmissible (manifestly ill-founded)