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
Case Brief
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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
Legal Issues
- 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)
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