MOHAMMED v. AUSTRIA - 2283/12 (Communicated Case) [2012] ECHR 1226 (03 July 2012)

MOHAMMED v. AUSTRIA - 2283/12 (Communicated Case) [2012] ECHR 1226 (03 July 2012)

The Court applied an interim measure under Rule 39, staying expulsion to Hungary pending further examination of whether such expulsion would breach Article 3 ECHR, given credible reports of systemic detention issues, police violence, and lack of effective remedies in Hungary for Dublin-returners.

Citation
[2012] ECHR 1226
Parties
Applicant: Salaheldin Mohammed; Respondent: Austria
Jurisdiction
European Union
Judgment Date
03 July 2012
Procedural Posture
Application / Communicated Case
Outcome
interim measure granted
Legal Topics
Expulsion, Detention Conditions, Dublin Regulation, Article 3 ECHR, Effective Remedy
Human Rights Immigration Asylum Expulsion Detention Conditions Dublin Regulation Article 3 ECHR Effective Remedy

Case Brief

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Parties

Salaheldin Mohammed

Applicant

Austria

Respondent

Procedural Posture

Application / Communicated Case

Legal Issues

  1. 1 Whether expulsion to Hungary would breach Article 3 of the European Convention on Human Rights due to risk of inhuman or degrading treatment
  2. 2 Whether the applicant had access to an effective domestic remedy as required by Article 13 of the Convention

Ratio Decidendi

The Court applied an interim measure under Rule 39, staying expulsion to Hungary pending further examination of whether such expulsion would breach Article 3 ECHR, given credible reports of systemic detention issues, police violence, and lack of effective remedies in Hungary for Dublin-returners.

Court Disposition

interim measure granted

Orders

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