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Justice Matrix · Case profile

CASE OF A.A. AND OTHERS v. NORTH MACEDONIA (no. 55798/16)

Council of Europe (ECtHR)European Court of Human Rights2022
AdverseLow precedentNeeds review
Needs review

Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.

Strategic issue

What was at stake

Whether the applicants' removal from North Macedonia constituted a collective expulsion prohibited by the Convention and whether they had an effective remedy to challenge that measure.

Facts

What happened

The applicants, a group of individuals, were removed from North Macedonia and claimed that this removal constituted a collective expulsion, which is prohibited under the European Convention on Human Rights. They argued that they did not have access to an effective remedy to challenge their expulsion.

Key holding

What the court decided

The Court held that there was no violation of the prohibition of collective expulsion and no violation of the right to an effective remedy, dismissing the complaints.

Reasoning

How the court got there

The Court found that the applicants did not provide sufficient evidence to prove that their removal was conducted without an individualized examination of their cases. The Court also noted that the applicants had access to legal procedures to challenge their removal, but they did not utilize these remedies effectively. Therefore, the Court concluded that there was no violation of the prohibition of collective expulsion or the right to an effective remedy.

Authorities

Statutes and cases cited

Statutes & treaties
  • § Refugee Convention art. 33
Cases cited
  • Plaintiff M70/2011 v Minister
Issue areas

Categories

article-3article-4-prot-4asylumnon-refoulementrefugee
Source

Authoritative link

Source of record
https://hudoc.echr.coe.int/eng?i=001-216861
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