Khan v. Germany, Episode II: The Empire strikes out

Guest post by Benoit Dhondt, Belgian lawyer specialized in migration and refugee law. As a teaching assistant, he is also connected to the Human Rights Centre of Ghent University, more specifically its Human Rights and Migration Law Clinic.

Several practitioners were disappointed with the road the ECtHR traveled in Khan v. Germany last year. With the Grand Chamber referral, hope rose for a more sensible approach and greater protection standards for mentally ill migrants on the verge of expulsion. Alas, the Grand Chamber has struck out the case, leaving us with more questions than answers. In what follows I will give a brief description of the case after which I will delve a little bit deeper into some of the issues the decision to strike out has left untouched.

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