Tuesday, 18 November 2014

Grand Chamber to reconsider complaint by gay asylum seeker about threatened expulsion to Libya

The European Court of Human Rights has announced that the complaint in M.E. v Sweden will be referred to the Grand Chamber for consideration at the applicant's request.
 
The complaint, which I previously covered in detail here, concerns a Libyan national currently living in Sweden who alleges that his expulsion from Sweden to Libya would put him at risk of persecution and ill-treatment because he is a homosexual.

The applicant argues that expelling him to Libya would violate his rights under Article 3 of the Convention because as a homosexual he would be at risk of ill-treatment. He further argues that returning him to Libya and separating him from his (male) spouse would violate his right to respect for family life under Article 8 of the Convention.

The complaint was previously dealt with by a Chamber of the Fifth Section of the Court who unanimously declared the Article 8 complaint inadmissible and held by six votes to one that the expulsion of the applicant to Libya would not give rise to a violation of Article 3 of the Convention.


At its meeting on Monday 17 November 2014, the Grand Chamber panel of five judges decided to refer the complaint to the Grand Chamber and a future hearing will be scheduled.
 
 




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