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H.A. v. SWEDEN

Doc ref: 29018/18 • ECHR ID: 001-187168

Document date: September 27, 2018

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 4

H.A. v. SWEDEN

Doc ref: 29018/18 • ECHR ID: 001-187168

Document date: September 27, 2018

Cited paragraphs only

Communicated on 27 September 2018

THIRD SECTION

Application no. 29018/18 H.A . against Sweden lodged on 14 June 2018

STATEMENT OF FACTS

The applicant is a Libyan national who is currently in Sweden. He applied for asylum in Sweden , stating that , upon return to Libya , he would risk ill-treatment from both the Libyan authorities and militia groups. He would also face the same risk on account of the ge neral situation in the country.

The Swedish Migration Agency ( Migrationsverket ) rejected his application and ordered his deportation to Libya. This decision was upheld by the Migration Court ( Migrationsdomstolen ) and the Migration Court of Appeal ( Migrationsöverdomstolen ) refused leave to appeal. The applicant subsequently requested a stay on the enforcement of the deportation and a new examination. These requests were reje cted by the Swedish authorities.

COMPLAINT

The applicant complains that his deportation to Libya would expose him to a real risk of being subjected to treatment prohibited by Articles 2 and 3 of the Convention, on account of the individual risks he faces upon return and the general situation in Libya.

QUESTION

Can the applicant be regarded, in the light of the currently available information about the general security situation in Libya and his personal circumstances, as being at real risk of ill-treatment or death if deported to Libya (see , mutatis mutandis , Hirsi Jamaa and Others v. Italy [GC], no. 27765/09, §§ 123-136, ECHR 2012; A. v. the Netherlands , no. 4900/06, §§ 141-151, 20 July 2010; Saadi v. Italy [GC], no. 37201/06, §§ 124-27, ECHR 2008 ; and NA. v. the United Kingdom , no. 2590 4/07, §§ 109-17, 17 July 2008)?

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