Published on 7 June 2021
FIRST SECTION
Application no. 34474/20
Jayram Bagasina NUNEZ
against Sweden
lodged on 22 July 2020
communicated on 25 May 2021
SUBJECT MATTER OF THE CASE
The application concerns the deportation of a 10-year old boy who is going to be removed to the Philippines with his father. His asylum application was rejected by the domestic authorities and courts, the final decision being taken in 2020, after which he invoked obstacles to the enforcement of his deportation decision but in vain. The case raises an issue under Article 3, namely the applicant’s health condition and his access to adequate medical care in the Philippines. The applicant suffers from hydrocephalus and arachnoid cyst in his brain which are life-threatening conditions. A shunt was placed in his brain when he was 3 years old and it was changed to a new one in an emergency operation on 27 June 2020 in Sweden. The applicant has been hospitalised in Sweden on several occasions. He claims that post-surgery complications are common and that any dysfunction needs to be dealt with within a few hours. Due to the pandemic, a flight to the Philippines would currently take from 20 to 35 hours. In the Philippines the applicant would live hours away from Manila and would not have sufficiently rapid access to medical care.
QUESTION TO THE PARTIES
In the light of the applicant’s claims and the documents which have been submitted, would he face a risk of being subjected to treatment in breach of Article 3 of the Convention if the deportation order were enforced? In particular, would he face such a risk on account of his medical condition and his access to adequate medical care in the Philippines?
Full & Egal Universal Law Academy