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ECJ: No deportation of seriously ill people if there is no treatment in their country of origin

ECJ: No deportation of seriously ill people if there is no treatment in their country of origin

The European Court of Justice (ECJ) ruled in the case of a Russian with cancer in the Netherlands: A seriously ill person from a third country may not be deported if the pain cannot be adequately treated in the country of origin.

A seriously ill citizen of a third country may not be deported if he cannot be treated effectively in the country of origin and his pain would therefore quickly and irreversibly become significantly worse. This applies if he cannot get the only pain-relieving therapy in his home country and if the pain becomes so severe that it violates human dignity, the European Court of Justice (ECJ) ruled on Tuesday in Luxembourg.

The case concerned a Russian illegally living in the Netherlands who suffers from a rare form of blood cancer. In the Netherlands, his pain is treated with medical cannabis, which is not allowed in Russia. According to his doctors, however, there is no other therapy that effectively combats his pain.

Dutch district court must follow ECJ

The Russian’s asylum application was rejected. Before the district court in The Hague, he wants his deportation to be stopped or suspended.

The Dutch court stayed the proceedings and asked the ECJ to interpret the EU Charter of Fundamental Rights. After his answer, the district court must now decide the specific case, but is bound by the legal opinion of the ECJ.

Source: Stern

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