DEUXIÈME SECION

Application no . 60119/12 Z.H. and R.H. against Switzerland lodged on 18 September 2012

STATEMENT OF FACTS

FACTS

The applicants are Afghan Nationals who resided illegally in Iran . They arrived in Switzerland in September 2011, coming from Italy where they have been registered as asylum seekers. Since the applicants could not produce a certificate of marriage and the female applicant was only 14 years old when married , the national authorities decided that due to the failure of proof of a family life the cases had to be treated separately. Based on the Dublin II Regulations the male applicant ’ s request for asyl u m was dismissed and he was exp elled to Italy . However, he returned shortly afterwards to Switzerland where is now residing illegally. The female applicant ’ s request for asylum is still pending.

COMPLAINTS

Relying on Article 3 of the Convention the applicant s claim that the already executed expulsion of the male applicant had traumatic effects upon them. They allege that if he were exp elled again before the female applicant ’ s request for asylum was resolved in Switzerland the repeated trauma would amount to ill-treatment according to Article 3 of the Convention.

Relying on Article 8 of the Convention the applicants allege that their right to respect their family life was violated if they were expulsed separately.

Relying on Article 13 of the Convention, the applicant s claim that they do not have an effective remedy at national level to enforce their rights under Article 3 and 8 of the Convention.

QUESTION TO THE PARTIES

Has there been an interference with the applicants ’ right to respect their private and family life, within the meaning of Article 8 § 1 of the Convention?

If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 of the Convention?