EGMR: Forthcoming judgment on Tuesday 8 December 2015 – Z.H. and R.H. v. Switzerland (no. 60119/12)

von Dr. Georg Neureither

The applicants, Ms. Z.H. and Mr. R.H. are Afghan nationals who were born in 1996 and 1992 respectively and live in Geneva (Switzerland). The case concerns the applicants’ asylum claims. The applicants entered Switzerland, via Italy, and, presenting themselves to the authorities as a married couple, applied for asylum in September 2011. According to the couple they had married in a religious ceremony in Iran in 2010. At the time, Ms Z.H. was 14 years old and Mr R.H. was 18 years old.

Their asylum request was rejected in December 2011 and March 2012, the migration authorities considering that under European Union law (the “Dublin II Regulation”), Italy was responsible for examining their asylum application as it was the first EU state that they had entered ...

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