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EDAL case summaries

Austria – Federal Administrative Court 30 December 2016, W237 2104471-1

Country of Decision: Austria
Country of Applicant: Georgia
Keywords: Country of origin information, Health (right to), Individual assessment, Medical Reports/Medico-legal Reports, Personal circumstances of applicant, Subsidiary Protection, Vulnerable person

In some cases of severe illness Art. 3 ECHR precludes a deportation even though a treatment in the state of origin is possible. If the appellant cannot bear the costs of the treatment or the necessary concomitant medication the renewed increase of the illness and therefore a real life-threatening risk is probable which precludes the deportation of the applicant. 
Date: 30-12-2016

ECtHR - Paposhvili v. Belgium, Application no. 41738/10,13 December 2016

Country of Applicant: Georgia
Keywords: Burden of proof, Country of origin, Country of origin information, Family unity (right to), Health (right to), Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Relevant Documentation

Article 3 ECHR is triggered in cases involving the removal of a seriously ill individual where the absence of appropriate treatment in the receiving country or the lack of access to such treatment, exposes the individual to a serious, rapid and irreversible decline in his or her state of health resulting in intense suffering or to a significant reduction in life expectancy.

Access to sufficient and appropriate medical care must be available in reality, not merely in theory and the impact of removal on an applicant must be assessed by considering how an applicant’s condition would...
Date: 13-12-2016

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