On the 13th December 2016 the Grand Chamber of The European Court of Human Rights delivered a judgement regarding the case Paposhvili vs. Belgium (app.no. 41738/10). The judgement concerns a very seriously ill foreign citizen’s right to stay in a EU member state due to his medical condition. The judgement includes considerations concerning when a foreign citizen’s very serious medical condition can lead to a right to stay in a EU member state in accordance with the European Convention on Human Rights’ articles 3 and 8. The judgement may be of importance in certain cases, where the Immigration Appeals Board has reached a decision after the 13th December 2016. The Immigration Appeals Board has no possibility through statistics of finding any cases where the judgement may be of importance, as the Immigration Appeals Board does not separately register medical conditions, and as the Immigration Appeals Board does not have the resources to examine all cases, which have been decided upon by the Immigration Appeals Board since the 13th December 2016. If you have received a decision from the Immigration Appeals Board after the 13th December 2016, and you believe, that the Paposhvili judgement can be of importance in your case, you can request a resumption of your case by contacting the Immigration Appeals Board. It will depend on a concrete assessment of the circumstances of the case, whether there are grounds for reopening the case. The judgement can be found in its entirety at: http://hudoc.echr.coe.int/eng?i=001-169662

Senest opdateret: 02-03-2018
Udgiver: Udlændingenævnet

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