AHMED v. AUSTRIA (71/1995/577/663) 17 December 1996: deportation of Somali national convicted of criminal offence: right of Contracting States to control entry, residence and expulsion of aliens – refugee status

Refugee status:

Austria - deportation of Somali national convicted of criminal offence (section 5 of the Right to Asylum Act and sections 18, 36 and 37 of the Aliens Act)

II. Article 3 of the Convention

Restatement of case-law: right of Contracting States to control entry, residence and expulsion of aliens - absolute nature of Article 3.

Refugee status: granted to the applicant in 1992 then withdrawn in 1994 following his conviction for attempted robbery.

In the case of an expulsion that has not yet taken place, Court assesses risks run at the time when it considers the case - no change in the situation in Somalia since 1992.

Conclusion with regard to risks of treatment contrary to Article 3: not invalidated by applicant's criminal conviction or current lack of State authority in Somalia.

Conclusion: violation if deportation order were to be enforced (unanimously).

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