FIRST SECTION

Application no. 2964/12 I.K. against Austria lodged on 13 January 2012

STATEMENT OF FACTS

THE FACTS

The applicant, Mr I.K. , is a Russian national who was born in 1976 and lives in Vienna . He was represented before the Court by Ms D. Einwallner , a lawyer practising in Vienna .

The applicant and his mother arrived in Austria in 2004. In 2007, both their asylum requests were dismissed. However, the applicant ’ s mother was subsequently granted asylum by the Asylum Court ( Asylgerichtshof ). The applicant had withdrawn his appeal after the oral appeal hearing.

The applicant ’ s subsequent asylum request was dismissed in 2011 as res iudicata .

The applicant had married in 2008. His two children were born in 2009 and 2010.

Medical documentation dated 2011 showed that the applicant suffered from a severe depressiv e episode and suicide thoughts.

COMPLAINTS

1. The applicant complains under Article 3 of the Convention that an expulsion to the Russian Federation would subject him to ill-treatment within the meaning of that provision in that he would be at a real risk of persecution by Russian security forces and in view of his impaired mental health status.

2. In this context, the applicant also relies on Article 2 of the Convention.

3. Under Article 8 of the Convention, the applicant also complains of a violation of his right to respect for his family life in that an expulsion to the Russian Federation would separate him from his wife and children in Austria .

QUESTIONS TO THE PARTIES

1. In the light of the applicant ’ s claims and the documents which have been submitted, in particular in the light of the Asylum Court ’ s decision in relation to the applicant ’ s mother and the medical documents showing a severe depression, suicidal thoughts and the recommendation of pharmacological treatment and family support, would he face a risk of being subjected to treatment in breach of Article 3 of the Convention if the expulsion to the Russian Federation were enforced?

2. In the event of the enforcement of the expulsion order to the Russian Federation , would there be a violation of the applicant ’ s right to respect for his family life contrary to Article 8 of the Convention?