HALIMI v. AUSTRIA AND ITALY - 53852/11 (Communicated Case) [2012] ECHR 1203 (03 July 2012)

HALIMI v. AUSTRIA AND ITALY - 53852/11 (Communicated Case) [2012] ECHR 1203 (03 July 2012)

The Court must determine whether the applicant, given his age and psychological health, is a vulnerable person and whether expulsion to Italy would expose him to treatment breaching Article 3 ECHR, considering previous experiences and access to accommodation, subsistence, and medical treatment.

Citation
[2012] ECHR 1203
Parties
Applicant: Nasib Halimi; Respondent: Austria; Respondent: Italy
Jurisdiction
European Union
Judgment Date
03 July 2012
Procedural Posture
Application to European Court of Human Rights / Communicated Case, Interim Measure Granted, Domestic Proceedings Pending
Outcome
interim measure granted, expulsion stayed, case communicated to parties
Legal Topics
Dublin Regulation, Article 3 ECHR, Expulsion, Vulnerability of Asylum Seekers, Subsistence and Medical Treatment
Human Rights Asylum Law European Union Law Dublin Regulation Article 3 ECHR Expulsion Vulnerability of Asylum Seekers Subsistence and Medical Treatment

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Parties

Nasib Halimi

Applicant

Austria

Respondent

Italy

Respondent

Procedural Posture

Application to European Court of Human Rights / Communicated Case, Interim Measure Granted, Domestic Proceedings Pending

Legal Issues

  1. 1 Whether expulsion of applicant to Italy would breach Article 3 of the Convention due to risk of ill-treatment
  2. 2 Whether applicant is a vulnerable person given age and psychological health
  3. 3 Whether applicant had access to accommodation, subsistence, and medical treatment in Italy

Ratio Decidendi

The Court must determine whether the applicant, given his age and psychological health, is a vulnerable person and whether expulsion to Italy would expose him to treatment breaching Article 3 ECHR, considering previous experiences and access to accommodation, subsistence, and medical treatment.

Court Disposition

interim measure granted, expulsion stayed, case communicated to parties

Orders

  • Austrian Government to stay applicant's expulsion to Italy until further notice