ECtHR - Admissibility decisions S.M. v. France, 28 March 2017 and Yasir Cabi Qadir Mucalim v. the Netherlands and Malta, 14 March 2017

Date: 
Friday, April 28, 2017

Admissibility decision: S.M. v. France, 28 March 2017

On 28 March 2017, the ECtHR declared inadmissible a complaint brought by a Sudanese national who had his asylum application rejected in France on the basis of lack of credibility. The applicant had claimed fleeing persecution due to his ethnic origin and presented a medical certificate confirming the existence of multiple trauma-related scars, which he claimed were caused by previous torture at the hands of the Sudanese authorities. An appeal against the negative decision on his asylum application was also denied on the basis of lack of credibility. The applicant had complained before the ECtHR that his forced return to Sudan would put him at risk of being subject to inhuman and degrading treatment contrary to Article 3 ECHR. However, the ECtHR agreed with the French authorities that the applicant did not put forward enough elements to substantiate this allegation and declared the application inadmissible.

Admissibility decision: Yasir Cabi Qadir Mucalim v. the Netherlands and Malta, 14 March 2017

On 14 March 2017, the ECtHR declared inadmissible a complaint against the Netherlands and Malta. The case concerned Mr Mucalim, a Somali national who, in August 2009, arrived at Schiphol Airport in Amsterdam where he requested asylum. During an interview, the Dutch authorities discovered that the applicant had previously lodged an asylum application in Malta. The applicant objected to being sent back to Malta on the basis of the conditions in which he had been detained there. Given that Maltese authorities informed the Court that the applicant had been granted subsidiary protection in Malta in January 2009, when he was transferred to an open centre after six months of detention, the ECtHR decided that he would not risk being detained again or being sent back to Somalia. Therefore, the Court declared the application inadmissible.

 

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Keywords: 
Credibility assessment
Detention
Dublin Transfer
Inhuman or degrading treatment or punishment
Medical Reports/Medico-legal Reports
Subsidiary Protection