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Guarantees of care required before returning asylum seekers to Italy

Tarakhel v Switzerland (App No. 29217/12)

Related Member(s):
Raza Husain QC
Related Practice Area(s):
Immigration, Asylum and Free Movement, Human Rights

Landmark decision from Grand Chamber on “Dublin Regulation”. Grand Chamber held that sending Afghan family of asylum seekers back to Italy without individual guarantees concerning their care would be in violation of ECHR, art 3. Presumption of compliance reduced practically to zero, and series of Chamber decisions on safety of Italy overruled.

Raza Husain QC was involved in this case.