Communicated on 31 August 2018

THIRD SECTION

Application no. 28190/18 A.A. and Others against the Netherlands lodged on 18 June 2018

SUBJECT MATTER OF THE CASE

The application concerns the removal to Libya of a family (parents and their two minor children) of rejected asylum seekers. Their asylum statement (persecution on religious and ethnic grounds) was disbelieved by the Netherlands administrative and judicial authorities.

In the proceedings on the applicants ’ asylum request, the domestic authorities considered that, having regard to a ruling handed down on 4 January 2018 (ECLI:NL:RVS:2018:2) in which the Administrative Jurisdiction Division ( Afdeling Bestuursrechtspraak ) of the Council of State ( Raad van State ) found – unlike the United Kingdom Upper Tribunal (Immigration and Asylum Chamber) in the country guidance case of ZMM ( Article 15(c)) Libya CG [2017] UKUT 00263 (IAC ) (28 June 2017) – that the general security situation in Libya, particularly in Tripoli, was currently not so bad that for that reason alone the applicants cannot return to Libya.

Complaining that their removal to Libya would expose them to a real risk of being subjected to treatment prohibited by Article 3 of the Convention, the applicants filed an application with the Court .

QUESTION tO THE PARTIES

Can the applicants be regarded, in the light of the currently available information about the general security situation in Libya and about their personal circumstances, as being at real risk of ill ‑ treatment or death if expelled 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. 25904/07, §§ 109 ‑ 17, 17 July 2008)?