E.S.M. and Others v Sweden - 24682/09 [2010] ECHR 1718 (5 October 2010)

E.S.M. and Others v Sweden - 24682/09 [2010] ECHR 1718 (5 October 2010)

Since the removal orders against the applicants had become time-barred and they no longer faced a real and imminent risk of deportation, and as they had access to fresh asylum proceedings with full appeal rights, it was no longer justified to continue examination of the application. No special circumstances required...

Source-derived case information.

Citation
[2010] ECHR 1718
Parties
Applicants: E. S. M. and Others; Respondent: Swedish Government
Jurisdiction
European Union
Judgment Date
05 October 2010
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility and Striking Out
Outcome
Application struck out of the list of cases
Legal Topics
Asylum, Deportation, Family Life, Prohibition of Torture, Right to Life, Procedural Admissibility
Human Rights Law Immigration Law Asylum Deportation Family Life Prohibition of Torture Right to Life Procedural Admissibility

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Summary, issues, holding and outcome

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Parties

E. S. M. and Others

Applicants

Swedish Government

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether removal to Libya or Morocco would violate Articles 2, 3, or 8 of the Convention
  2. 2 Whether the applicants could be considered victims after removal orders became time-barred
  3. 3 Whether the application should be struck out due to lack of risk of deportation and pending fresh asylum proceedings

Ratio Decidendi

Since the removal orders against the applicants had become time-barred and they no longer faced a real and imminent risk of deportation, and as they had access to fresh asylum proceedings with full appeal rights, it was no longer justified to continue examination of the application. No special circumstances required continued examination.

Court Disposition

Application struck out of the list of cases

Orders

  • Application struck out under Article 37 § 1 (c) of the Convention
  • Discontinuation of interim measure under Rule 39 of the Rules of Court