EDAL case summaries
A child with life-threatening leukaemia was granted leave to remain together with his parents on the grounds of particularly distressing circumstances. A time limit was set on the leave to remain as the need for advanced care and treatment was assessed to be temporary.
The judgment of the European Court of Human Rights (ECtHR) in R.C. v. Sweden (Application no. 41827/07) has a definitive impact on how protection needs are assessed and the scope of the duty of Swedish courts and authorities to investigate claims of torture.
When medico-legal evidence of torture is provided by specialists and found credible it is incumbent on the Migration Board to put forward evidence that there is no further risk of torture in the relevant country.
If necessary medicines are not accessible through legal means in the country of origin adequate care is not available.
The fact that a child suffered from epilepsy and that the quality of the care that the child could obtain in Sweden was higher than in the country of origin were not sufficient grounds to grant a residence permit on the grounds of “particularly distressing circumstances” which may only be granted in exceptional cases.
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- Humanitarian considerations 3
- Credibility assessment 2
- Torture 2
- Assessment of facts and circumstances 1
- Best interest of the child 1
- Burden of proof 1
- Child Specific Considerations 1
- Subsidiary Protection 1
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