ALI AND OTHERS v. SWITZERLAND AND ITALY - 30474/14 (Decision : Court (Third Section)) [2016] ECHR 945 (04 October 2016)

ALI AND OTHERS v. SWITZERLAND AND ITALY - 30474/14 (Decision : Court (Third Section)) [2016] ECHR 945 (04 October 2016)

The applicants failed to demonstrate a real and imminent risk of inhuman or degrading treatment upon return to Italy, did not establish strong family ties in Switzerland warranting protection under Article 8, and did not have arguable claims requiring an effective remedy under Article 13. The third applicant's case was resolved as she was granted refugee status in Switzerland.

Citation
[2016] ECHR 945
Parties
Applicants: First, Second, Third, and Fourth Applicants; Respondent: Switzerland; Respondent: Italy
Jurisdiction
European Union
Judgment Date
04 October 2016
Procedural Posture
Application to the European Court of Human Rights / Judgment on Admissibility and Merits
Outcome
Application inadmissible for first, second, and fourth applicants; struck out for third applicant.
Legal Topics
Asylum, Reception Conditions, Family Life, Effective Remedy, Non Refoulement
Human Rights Law Immigration Law European Union Law Asylum Reception Conditions Family Life Effective Remedy Non Refoulement

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Parties

First, Second, Third, and Fourth Applicants

Applicants

Switzerland

Respondent

Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Admissibility and Merits

Legal Issues

  1. 1 Whether removal to Italy would expose applicants to inhuman or degrading treatment under Article 3 of the Convention
  2. 2 Whether removal would violate applicants' right to respect for family and private life under Article 8
  3. 3 Whether applicants had an effective remedy under Article 13 in conjunction with Articles 3 and 8

Ratio Decidendi

The applicants failed to demonstrate a real and imminent risk of inhuman or degrading treatment upon return to Italy, did not establish strong family ties in Switzerland warranting protection under Article 8, and did not have arguable claims requiring an effective remedy under Article 13. The third applicant's case was resolved as she was granted refugee status in Switzerland.

Court Disposition

Application inadmissible for first, second, and fourth applicants; struck out for third applicant.

Orders

  • Application inadmissible in respect of the first, second and fourth applicants.
  • Application struck out of the list of cases in respect of the third applicant.