European Court of Human Rights

FIRST SECTION

Application no. 2964/12
I.K.
against Austria
lodged on 13 January 2012

STATEMENT OF FACTS

THE FACTS

The applicant, Mr I.K., is a Russian national who was born in 1976 and lives in Vienna. He was represented before the Court by Ms D. Einwallner, a lawyer practising in Vienna.

The applicant and his mother arrived in Austria in 2004. In 2007, both their asylum requests were dismissed. However, the applicant’s mother was subsequently granted asylum by the Asylum Court (Asylgerichtshof). The applicant had withdrawn his appeal after the oral appeal hearing.

The applicant’s subsequent asylum request was dismissed in 2011 as res iudicata.

The applicant had married in 2008. His two children were born in 2009 and 2010.

Medical documentation dated 2011 showed that the applicant suffered from a severe depressive episode and suicide thoughts.

COMPLAINTS

1.  The applicant complains under Article 3 of the Convention that an expulsion to the Russian Federation would subject him to ill-treatment within the meaning of that provision in that he would be at a real risk of persecution by Russian security forces and in view of his impaired mental health status.

2.  In this context, the applicant also relies on Article 2 of the Convention.

3.  Under Article 8 of the Convention, the applicant also complains of a violation of his right to respect for his family life in that an expulsion to the Russian Federation would separate him from his wife and children in Austria.

QUESTIONS TO THE PARTIES

1.  In the light of the applicant’s claims and the documents which have been submitted, in particular in the light of the Asylum Court’s decision in relation to the applicant’s mother and the medical documents showing a severe depression, suicidal thoughts and the recommendation of pharmacological treatment and family support, would he face a risk of being subjected to treatment in breach of Article 3 of the Convention if the expulsion to the Russian Federation were enforced?

2.  In the event of the enforcement of the expulsion order to the Russian Federation, would there be a violation of the applicant’s right to respect for his family life contrary to Article 8 of the Convention?