EGMR: Forthcoming Grand Chamber judgment concerning failed asylum seeker in Sweden facing expulsion – W.H. v. Sweden

von Dr. Georg Neureither

The European Court of Human Rights will deliver in writing a Grand Chamber judgment in the case of W.H. v. Sweden (application no. 49341/10) on 8 April 2015 at 11.00 a.m. W.H. v. Sweden concerns an asylum seeker’s threatened expulsion from Sweden to Iraq, where she alleges she would be at risk of ill-treatment as a single woman of Mandaean denomination, a vulnerable ethnic/religious minority.

The applicant, W.H., is an Iraqi national who was born in 1978 and currently lives in Sweden. She is originally from Baghdad and is of Mandaean denomination. She arrived in Sweden in August 2007 and subsequently claimed asylum. Her request was examined by the Migration Board and Migration Court which rejected it on the ground that she was not in need of protection in Sweden. The Migration Court of Appeal refused leave to appeal. Subsequently, the Migration Board refused her request for reconsideration of her case on two occasions, the last on 25 August 2010. Her expulsion was, however, then suspended on the basis of an interim measure granted by the European Court of Human Rights under Rule 39 of its Rules of Court, which indicated to the Swedish Government that the applicant should not be expelled to Iraq whilst the Court was considering her case.

Relying on Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, W. H ...

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