Afghan wins key asylum case at European Court of Human Rights against Belgium & Greece
The European Court of Human Rights has ruled in favour of an Afghan asylum seeker and fined Belgium and Greece over the treatment they gave him, saying his rights were violated. The ruling is a challenge to the Dublin Convention, which is used by some European countries to send asylum seekers back to Greece.
In this case Belgium had sent the Afghan man, identified only as ‘MSS’ to protect his identity, back to Greece, claiming that Greece had been his point of entry into the European Union. The Dub,in Convention authorises EU countries to send asylum seekers back to the first European country inwhich they set foot, after fleeing their own country. Howver MSS ended up homeless, struggling in extreme poverty and starving back in 2009. As a consequence of the extremely poor reception afforded to asylum seekers in Greece, aome European countries have put a stop to the removal of asylum seekers back to Greece to protect their Human Rights. Britain has recently stopped removal of asylum seekers to Greece after a challenge to the Givernment through the European Court of Human Rights by Mansouri & Son Solicitors in conjunction with several other law firms in England. This week Germany became the latest European country to halt the practice of removing asylum seekers to Greece.
The court in Strasbourg ordered the Belgian Government to pay MSS 32,250 euros (about £27,227) in damages and legal costs, and Greece was Ordered to pay him 5,725 euros by way of compensation. The judgement was handed down by the court’s grand chamber and is binding and no appeal can be made further.
MSS claimed asylum in Belgium, where he said he had survived a murder attempt by the Taliban – a reprisal for his having worked as an interpreter for the US-led forces. In June 2009 Belgium sent him back to Greece, despite MSS having told the Belgian authorities that he risked detention in appalling conditions there. As a consequence, the court found that “In spite of the obligations incumbent on the Greek authorities… he spent months living in extreme poverty, unable to cater for his most basic needs – food, hygiene and a place to live – while in fear of being attacked and robbed,” delivering their ruling on Friday. It is anticipated that the ruling will now have a big impact on the outcome of future asylum cases involving Greece.
If you are an asylum seeker facing removal, whether to Greece or elsewhere, we offer a free 30 minute telephone consultation and can assist in assessing your circumstances and advising you of any steps we may be able to take to assist you. Contact us now on 020 8401 7352 for your free 30 minute telephone consultation.