GASHI and Others v Sweden - 61167/08 [2010] ECHR 822 (4 May 2010)

GASHI and Others v Sweden - 61167/08 [2010] ECHR 822 (4 May 2010)

The applicants failed to substantiate that they would face a real risk of being subjected to treatment contrary to Article 3 of the Convention if deported to Serbia or Kosovo; the facts did not meet the threshold required to attract the protection of Article 3.

Citation
[2010] ECHR 822
Parties
Applicants: Besim Gashi, Sylvana Osmanis and their four children; Respondent: Sweden
Jurisdiction
European Union
Judgment Date
04 May 2010
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility
Outcome
Application declared inadmissible as manifestly ill-founded.
Legal Topics
Asylum, Deportation, Non Refoulement, Prohibition of Torture, Article 3 ECHR
Human Rights Law Immigration Law Asylum Deportation Non Refoulement Prohibition of Torture Article 3 ECHR

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Parties

Besim Gashi, Sylvana Osmanis and their four children

Applicants

Sweden

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether deportation of the applicants to Serbia or Kosovo would violate Article 3 of the European Convention on Human Rights (prohibition of torture, inhuman or degrading treatment or punishment)

Ratio Decidendi

The applicants failed to substantiate that they would face a real risk of being subjected to treatment contrary to Article 3 of the Convention if deported to Serbia or Kosovo; the facts did not meet the threshold required to attract the protection of Article 3.

Court Disposition

Application declared inadmissible as manifestly ill-founded.