R.W. and Others v Sweden - 35745/11 [2012] ECHR 815 (10 April 2012)

R.W. and Others v Sweden - 35745/11 [2012] ECHR 815 (10 April 2012)

Applicants failed to demonstrate a real risk of ill-treatment or death if returned to Kenya; their claims were vague, inconsistent, and not credible. Kenyan authorities and NGOs provide protection against FGM and related threats. No violation of Articles 2, 3, 5, or 8 ECHR is established.

Citation
[2012] ECHR 815
Parties
Applicants: R. W. and her twin daughters; Respondent: Sweden
Jurisdiction
European Union
Judgment Date
10 April 2012
Procedural Posture
Application to European Court of Human Rights / Decision on Admissibility
Outcome
Application inadmissible
Legal Topics
Asylum, Deportation, Non Refoulement, Female Genital Mutilation, Right to Life, Prohibition of Torture, Right to Liberty and Security, Right to Respect for Private and Family Life
Human Rights Law Immigration Law Asylum Deportation Non Refoulement Female Genital Mutilation Right to Life Prohibition of Torture +2 more

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Parties

R. W. and her twin daughters

Applicants

Sweden

Respondent

Procedural Posture

Application to European Court of Human Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether deportation to Kenya would expose applicants to a real risk of death, torture, inhuman or degrading treatment (Articles 2 and 3 ECHR)
  2. 2 Whether deportation would violate applicants' rights under Articles 5 and 8 ECHR

Ratio Decidendi

Applicants failed to demonstrate a real risk of ill-treatment or death if returned to Kenya; their claims were vague, inconsistent, and not credible. Kenyan authorities and NGOs provide protection against FGM and related threats. No violation of Articles 2, 3, 5, or 8 ECHR is established.

Court Disposition

Application inadmissible

Orders

  • Application declared inadmissible under Article 35 §§ 3(a) and 4 of the Convention