Information Note on the Court’s case-law 69

November 2004

Amegnigan v. the Netherlands (dec.) - 25629/04

Decision 25.11.2004 [Section III]

Article 3

Expulsion

Expulsion of Togolese national with HIV: inadmissible

The applicant, who is a Togolese national, arrived in the Netherlands in September 2000 and unsuccessfully applied for asylum. He was subsequently diagnosed as being infected with HIV and provided with antiretroviral treatment. His second and third asylum applications, which relied on his health problems and were supported by a medical opinion that if the applicant were to cease taking anti-HIV medication his prospects would become very poor, were also r ejected. In October 2003, the Minister for Immigration and Integration found that his illness had not reached a life-threatening stage which would render his expulsion contrary to Article 3. Moreover, the applicant’s reasons for leaving Togo had not been l inked to his health problems and he could have applied for a temporary residence permit on medical grounds. The Council of State confirmed this decision.

Inadmissible under Article 3: Despite the seriousness of the applicant’s medical condition there were no indications that he was at an advanced stage of AIDS or had an HIV-related illness. As treatment was in principle available in Togo, albeit at a possibly considerable cost, and bearing in mind that the applicant had some family support in his home coun try, the circumstances of his situation were not of such an exceptional nature as to render his expulsion treatment proscribed by Article 3: manifestly ill-founded.

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

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