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Council of Europe: European Court of Human Rights

The Court, based in Strasbourg, was set up as a result of the European Convention on Human Rights, created in 1950. This set out a catalogue of civil and political rights and freedoms. It allows people to lodge complaints against States which have signed up to the Convention for alleged violations of those rights. Although founded in 1950, the Court did not actually come into existence until 1959. It gained its present form as a single European Court of Human Rights when Protocol No. 11 to the ECHR took effect in 1998.

The Court is currently made up of 47 judges, one in principle for every State signed up to the Convention. They are elected by the Parliamentary Assembly of the Council of Europe and serve for six years. Judges sit on the Court as individuals and do not represent their country.  Website: www.echr.coe.int/Pages/home.aspx?p=home
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AFFAIRE A.M. c. FRANCE (Requête no 12148/18)

Effective domestic remedy: Effectiveness of a suspensive remedy, in respect of an asylum request submitted after the application had been lodged with the Court: admissible As to the merits, the Court went on to find, unanimously, that there would be no violation of Article 3 if the decision to deport the applicant to Algeria were implemented.

29 April 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Exhaustion of domestic remedies - Refugee status determination (RSD) / Asylum procedures | Countries: Algeria - France

Kebe and others v. Ukraine

12 January 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Border controls - Effective remedy - Grounds for persecution - Refugee status determination (RSD) / Asylum procedures | Countries: Djibouti - Eritrea - Ukraine

M.D. et M.A. c. Belgique

19 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Chechen - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Russian Federation

Mohammadi v. Austria

3 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Asylum-seekers - Deportation / Forcible return - Expulsion - Non-refoulement - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Safe third country | Countries: Afghanistan - Austria - Hungary - Serbia

Abdolkhani and Karimnia v. Turkey

22 September 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Immigration Detention - Refugee status determination (RSD) / Asylum procedures - UNHCR mandate | Countries: Iran, Islamic Republic of - Turkey

Saadi v. The United Kingdom

This case was referred to the Grand Chamber, which delivered judgment on 29 January 2008. This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

11 July 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Illegal entry - Immigration Detention - Pre-trial detention - Refugee status determination (RSD) / Asylum procedures | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

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