EDAL case summaries
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.
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...
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Medical Reports/Medico-legal Reports filterMedical Reports/Medico-legal Reports
- Country of origin information 2
- Health (right to) 2
- Burden of proof 1
- Country of origin 1
- Family unity (right to) 1
- Individual assessment 1
- Inhuman or degrading treatment or punishment 1
- Personal circumstances of applicant 1
- Relevant Documentation 1
- Subsidiary Protection 1
- Vulnerable person 1
Filter by date
Filter by country of applicant
- (-) Remove Georgia filterGeorgia
Filter by country of decision
- Austria 1