Retour Committee of Ministers examins migration-related cases

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Committee of Ministers examins migration-related cases

On 12-17 October 2018, at their 1327th meeting, the Committee of Ministers closed the case of Mohammed v. Austria. The case concerned the the Sudanese applicant's lack of an effective remedy in respect of his complaint of non-refoulement (that his forced transfer from Austria to Hungary would be in breach of Article 3 of the human rights convention), due to the fact that his second asylum application did not have any suspensive effect under Austrian law. The case was closed by the Committee of Ministers as legislation in Austria has been changed so that expulsions are now put on hold while asylum applications are considered in similar cases.

At its human rights meeting in December 2018, the Committee of Ministers is due to examine three other migration-related cases:

M.A. group v. Cyprus - Lack of effective remedy with automatic suspensive effect in deportation proceedings and absence of speedy review of lawfulness of detention;

Trabelsi v. Belgium - Extradition of the applicant to the USA, where he risks an irreducible life sentence; non-respect of interim measure indicated by the ECtHR;

Kebe and Others v. Ukraine - Lack of adequate safeguards in the border-control procedure to protect from arbitrary removal and lack of effective remedy.