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Belgium
Country of Decision : Belgium
Court Name : BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Date of decision : 06/11/2020
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : no. 243 724

X. v Belgian state (represented by the State Secretary for Asylum and Migration)

BE: The CALL rejects application for residence permit on medical grounds, assessing that the Netherlands offers adequate medical treatment for asylum applicants and the latter have access to it

X, Surinamese national applied for her and as legal representative for her child for a residence permit in Belgium based on medical grounds, precisely due to her child having epilepsy and following treatment in Belgium. The request was rejected, and the applicant appealed against.

The CALL rejected the appeal after a thorough assessment of the medical situation of the child and access to medical treatment in the Netherlands, where the applicant and her child with be removed to and which has been assessed as country responsible to deal with the asylum application. The CALL found that the medical condition of the child does not amount to a real risk to life or to torture or inhuman or degrading treatment. It was mentioned also that asylum seekers are entitled to medical care in the Netherlands and the applicant’s arguments were rejected as unfounded.

On the risk of treatment contrary to the article 3 of the ECHR, the CALL underlines that the ECtHR has already held that it is only in very exceptional cases where the humanitarian grounds against expulsion are compelling that there may be a breach of Article 3 of the ECHR, N v. the United Kingdom, (27 May 2008, No 26.565/05). The concept of ‘exceptional cases’ was further defined in Paposhvili v. Belgium (ECtHR, 13 December 2016, No. 41738/10) and the CALL assessed that no such exceptional circumstances are in this case, since the medical expert considered that the applicant’s child can have adequate medical treatment in the Netherlands and has access to it.

Country of Origin Information; Medical condition; Return/Removal/Deportation; Torture or inhuman or degrading treatment or punishment ; Vulnerable Group;

European Convention on Human Rights;

EASO IDS

Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X. v Belgian state (represented by the State Secretary for Asylum and Migration), no. 243 724 , 06 November 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1687