An Iranian citizen claimed asylum saying that he feared persecution as a homosexual. When his application was rejected, he claimed that there would be a breach of article 8 if he were to be removed to Iran because a law in that country prohibited adult consensual homosexual activity.
Held: The application was declared inadmissible. The court observed that its case law had found responsibility attaching to Contracting States in respect of expelling persons who were at risk of treatment contrary to articles 2 and 3 of the Convention. This was based on the fundamental importance of these provisions, whose guarantees it was imperative to render effective in practice, but it went on to say this: ‘Such compelling considerations do not automatically apply under the other provisions of the Convention. On a purely pragmatic basis, it cannot be required that an expelling Contracting State only return an alien to a country which is in full and effective enforcement of all the rights and freedoms set out in the Convention.’
Citations:
17341/03, [2004] ECHR 723
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
Citing:
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited by:
Cited – EM (Lebanon) v Secretary of State for the Home Department HL 22-Oct-2008
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon.
Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 11 September 2022; Ref: scu.277201
