ECtHR - Inadmissibility decision: M.M. and others v. the Netherlands (no. 15993/09), 8 June 2017

Date: 
Thursday, June 8, 2017

On 8 June 2017, the ECtHR ruled as inadmissible four complaints brought by Afghan nationals who had their asylum-based residence permits revoked or denied under Article 1F of the 1951 Refugee Convention (exclusion clause). The applicants had participated or been involved in the activities of the secret services of the communist regime in Afghanistan (Khad/Wad), before fleeing persecution from militia forces in that country. They argued that the exclusion decision followed by their forced return to Afghanistan would violate their rights under Articles 3, 6, 8 and 13 ECHR.
 
Regarding Article 3, the Court found that there was no reason to believe the applicants would be exposed to inhuman or degrading treatment when sent back to Afghanistan since they had not attracted attention from governmental or non-governmental bodies on account of their involvement with the former communist regime. It also stressed that UNCHR does not consider those involved in the communist regime potential risk profiles. With regard to Article 6, it rejected the complaint ratione materiae as the entry, stay and removal of aliens do not concern civil rights obligations or criminal charges, falling outside the scope of Article 6. Regarding Article 8, the ECtHR ruled that the public interest in applying Article 1F weighs heavily in the assessment of a proportionate and justified interference concerning Article 8 ECHR. Moreover, it stated that the ECHR must be applied in accordance with other international instruments, such as the 1951 Refugee Convention. Finally, it dismissed the complaints under Article 13 ECHR as it was satisfied with the possibilities for an effective remedy in the Netherlands.

 


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Keywords: 
Effective remedy (right to)
Exclusion from protection
Family unity (right to)
Inhuman or degrading treatment or punishment