Information Note on the Court’s case-law 119

May 2009

Awdesh v. Belgium (communicated case) - 12922/09

Article 3

Expulsion

Proposed removal of Iraqi asylum seeker to Greece under the Dublin Regulation: communicated

The applicant, a Christian, fled Iraq, allegedly as a result of religious persecution that had resulted in his being threatened and shot at. He attempted to join his brother, who had beengranted asylum in Belgium. His route took him through Greece and Germany. After the German authorities had refused him asylum on the grounds that under the Dublin Regulation his application should have been made in Greece, the applica nt made a fresh claim for asylum in Belgium. The Belgian authorities likewise considered that his application had to be examined in Greece, that being his point of entry into the Schengen area, and gave directions for his removal. The applicant was refused a stay of execution by the Aliens’ Office in a decision that was subsequently upheld by the Aliens’ Appeal Council. However, his removal to Greece was deferred following a Rule 39 indication from the European Court in the light of reports, notably by the United Nations High Commissioner for Refugees, criticising certain aspects of procedures for Dublin returnees in Greece. Further appeals by the applicant are currently pending in the Belgian courts. This case raises issues similar to those in K.R.S. v. Uni ted Kingdom (no. 32733/08, Information Note no. 114).

Communicated under Article 3 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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