SMH v Netherlands - 5868/13 [2014] ECHR 1457 (24 June 2014)

SMH v Netherlands - 5868/13 [2014] ECHR 1457 (24 June 2014)

The applicant and her children, as a vulnerable family group, would not face a real and imminent risk of hardship severe enough to fall within Article 3 ECHR if returned to Italy, given the guarantees and arrangements in place for families with minor children under the Italian reception system.

Source-derived case information.

Citation
[2014] ECHR 1457
Parties
Applicant: S. M. H.; Respondent: Netherlands Government; Third Party Intervener: Italian Government
Jurisdiction
European Union
Judgment Date
24 June 2014
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility
Outcome
application declared inadmissible
Legal Topics
Asylum, Non Refoulement, Article 3 ECHR, Dublin Regulation, Reception Conditions for Asylum Seekers
Human Rights Law Immigration Law European Law Asylum Non Refoulement Article 3 ECHR Dublin Regulation Reception Conditions for Asylum Seekers

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Parties

S. M. H.

Applicant

Netherlands Government

Respondent

Italian Government

Third Party Intervener

Procedural Posture

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

Legal Issues

  1. 1 Whether removal of the applicant and her children to Italy would expose them to a real risk of treatment contrary to Article 3 ECHR due to reception conditions for asylum-seekers in Italy.

Ratio Decidendi

The applicant and her children, as a vulnerable family group, would not face a real and imminent risk of hardship severe enough to fall within Article 3 ECHR if returned to Italy, given the guarantees and arrangements in place for families with minor children under the Italian reception system.

Court Disposition

application declared inadmissible

Orders

  • Application declared manifestly ill-founded and inadmissible under Article 35 §§ 3(a) and 4 ECHR.
  • Interim measure under Rule 39 of the Rules of Court comes to an end.