Published on 25 April 2022

SECOND SECTION

Application no. 35986/19 A.A. against Turkey lodged on 28 June 2019 communicated on 6 April 2022

SUBJECT MATTER OF THE CASE

The applicant is a Syrian national from Aleppo who obtained temporary protection status from the Turkish administration in Kilis. Although this status allowed him to reside only in the city of Kilis, the applicant subsequently obtained a false temporary identification document that would enable him to live in Istanbul. On 7 December 2017, upon his request for the renewal of this temporary protection identity card at the Istanbul Provincial Directorate of Migration Management, the authorities discovered that he was in possession of a false temporary protection identity document and on 8 December 2017 they terminated the applicant’s temporary protection status. On 14 December 2017 an order was issued for his expulsion. Furthermore, on an unspecified date, legal proceedings were initiated against him for forgery of official documents. On 27 April 2018 the Istanbul Administrative Court rejected his opposition to the expulsion order as he was considered to constitute a threat to public order due to his use of false documents. On 7 February 2019 the Constitutional Court rejected his individual application on the grounds that the file did not contain any information demonstrating a concrete danger that the applicant would risk facing in case of deportation to Syria.

On 22 August 2019 the Court decided to indicate to the respondent Government, under Rule 39 of the Rules of Court, that the applicant should not be removed from Turkey until further notice.

The applicant complains under Articles 2 and 3 of the Convention that in case of his removal to Syria he would face a real risk of death and/or inhuman and degrading treatment.

QUESTION TO THE PARTIES

1. (a) What is the applicant’s current legal status in Turkey and, in particular, has he been re-granted temporary protection?

(b) Does the deportation order issued against the applicant remain valid and enforceable? Is the applicant currently under a threat of deportation to Syria?

(c) On what legal basis was the applicant’s temporary protection status removed?

2. Would the applicant face a real risk of being subjected to treatment in breach of Articles 2 or 3 of the Convention if he were deported to Syria? Did the national authorities and courts conduct an adequate examination as to whether the applicant would be exposed to such risk if removed to Syria (see, for instance, M.D. and Others v. Russia , nos. 71321/17 and 8 others, §§ 97 ‑ 102, 14 September 2021)?