F.G. v Sweden: fine-tuning the risk assessment in asylum claims

By Salvo Nicolosi

In the Grand Chamber’s ruling of last 23 March 2016, the Strasbourg judges came back on appeal to the controversial case of F.G. v. Sweden, which on 16 January 2014 had divided the Chamber’s judges as to the assessment of the risk of persecution for an Iranian national who had applied for asylum in Sweden.

In its judgment, the Grand Chamber carves out an obligation for the competent domestic authorities to asses “of their own motion” the risk to the applicant, regardless of whether or not the applicant chooses to rely on some elements in his asylum application, when the rights guaranteed under Articles 2 and 3 ECHR are at stake.

The case offers an interesting opportunity to reflect on a twofold issue concerning: a) the assessment of the risk to the applicant of persecution; b) the meaning of the specific ground for persecution in order for an applicant to apply for asylum. Both aspects will be analysed after a short summary of the relevant facts of the case.

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V.M. and Others v. Belgium: The asylum law discourse reloaded

By Salvo Nicolosi

Last 7 July 2015, the Second Section of the Strasbourg Court ruled in V.M. and Others v. Belgium, concerning the violation of Articles 3 and 13 ECHR owing to the reception conditions of asylum seekers. The case must be placed within the settled case law on the protection of asylum seekers under Article 3 ECHR which the Court has developed over the years and thus it offers another occasion to reflect on the timely and controversial debate regarding the interpretation of the right to asylum through the lens of the Strasbourg Court (Bossuyt, 2010; Mole/Meredith, 2010).

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