Wednesday, 11 February 2015

A.T. v Sweden - newly communicated complaint

The European Court of Human Rights have communicated the complaint in A.T. v Sweden

The applicant is an Iranian national who applied for asylum and a residence permit in Sweden. He primarily claimed that he was homosexual and thus would risk persecution upon return to his home country. His application was rejected.

The applicant complains under Articles 2 and 3 of the Convention that his expulsion from Sweden to Iran would expose him to a real risk of being sentenced to death or subjected to torture or ill-treatment because of his sexual orientation.

The Court has communicated this complaint with unusual swiftness. The application was lodged on 30 December 2014 and communicated on 22 January 2015. The speedy communication of this complaint is likely related to M.E. v Sweden - which concerns a Libyan man who, although married to a man who is a permanent resident in Sweden, was required to return to Libya in order to apply for family reunion - which has been referred to and is pending before the Grand Chamber. 

We can expect a significant judgment from the Grand Chamber later this year in respect of what margin of appreciation is available to Contracting States who wish to return applicants for asylum to jurisdictions that criminalise homosexual acts. 

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