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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Court of Human Rights [ECHR]
Date of decision : 16/06/2020
Type : Judgment
ECLI : ECLI:CE:ECHR:2020:0616JUD000604017
Case Number/Citation/ Document Symbol : Application no. 6040/17

M.R. (Iran) v Switzerland

Iran

ECtHR finds no risk of death or ill-treatment in the event of return of rejected asylum applicant to Iran

The case concerns the return of the applicant to Iran. The applicant is an Iranian national politically active in Switzerland and sympathiser of a movement opposing the Iranian regime. The applicant arrived in Switzerland in 2009. His first application for asylum, in which he claimed discrimination on the basis of his belonging to the Sunni community but denied political involvement, was dismissed. His second asylum application, in which he reiterated the same reasons and added that he had become politically active in Switzerland against the Iranian regime, was also dismissed. The applicant lodged a third application in which he claimed that his father had been arrested in connection with his involvement in political demonstrations. This application was also rejected and a return order was issued. The applicant claimed that if returned to Iran he would be at risk of death or ill-treatment contrary to Articles 2 and 3 of the Convention.

The ECtHR found no violation of Articles 2 or 3 of the Convention. With regard to his applications for asylum, the ECtHR held that it appears they were adequately examined and the applicant had been provided effective safeguards. The ECtHR also held that the applicant did not prove that he had engaged in political activities before his departure from Iran and it appears that his political engagement began after the rejection of his first asylum application, which makes it difficult to ascertain genuine political commitment. The ECtHR further held that his political involvement after arrival in Switzerland did not reveal that he had the profile of a serious opponent to the Iranian regime and he did not provide credible evidence that his family in Iran had been pressured as a result of his political involvement in Switzerland.

 

Country of Origin Information; Credibility; Effective remedy; Non-refoulement; Religion/ Religious Groups ; Return/Removal/Deportation;

European Convention on Human Rights;

EASO IDS

Council of Europe, European Court of Human Rights [ECHR], M.R. (Iran) v Switzerland, Application no. 6040/17, ECLI:CE:ECHR:2020:0616JUD000604017, 16 June 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1114

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