Title AFFAIRE M.A. c. BELGIQUE (Requête no 19656/18)
Publisher Council of Europe: European Court of Human Rights
Publication Date 27 October 2020
Country Belgium | Sudan
Topics Deportation / Forcible return | Effective remedy | Refugee status determination (RSD) / Asylum procedures | Suspensive effect
Citation / Document Symbol ECLI:CE:ECHR:2020:1027JUD001965618
Cite as AFFAIRE M.A. c. BELGIQUE (Requête no 19656/18), ECLI:CE:ECHR:2020:1027JUD001965618 , Council of Europe: European Court of Human Rights, 27 October 2020, available at: https://www.refworld.org/cases,ECHR,5f9802544.html [accessed 6 November 2021]
Comments The case concerned the applicant’s removal to Sudan by the Belgian authorities in spite of a court decision ordering the suspension of the measure. The Court found in particular that on account of procedural defects attributable to the Belgian authorities prior to the applicant’s removal to Sudan, he had been prevented from pursuing the asylum application that he had lodged in Belgium and the Belgian authorities had not sufficiently assessed the real risks that he faced in Sudan. In addition, by deporting the applicant in spite of the court order to suspend the measure, the authorities had rendered ineffective the applicant’s successful appeal.
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