THIRD SECTION
Application no. 63999/13
S.B.
against the Netherlands
lodged on 10 October 2013
STATEMENT OF FACTS
FACTS
The applicant, Mr S.B., is a citizen of Iran. He was born in 1980 and is currently staying in the Netherlands. He is represented before the Court by Mr M.F. Wijngaarden, a lawyer practising in Amsterdam.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 2 January 2012 the applicant applied for asylum in the Netherlands. The final negative decision on this application was taken by the Administrative Jurisdiction Division (Afdeling bestuursrechtspraak van de Raad van State) on 19 March 2012.
On 5 July 2012 the applicant applied for a second time for asylum in the Netherlands. He received his final negative decision on 25 July 2013.
On 28 June 2013 the applicant applied for a third time for asylum in the Netherlands. He received his final negative decision in this procedure on 28 August 2013.
COMPLAINTS
The applicant complains under Article 3 of the Convention that there are substantial grounds for believing that he will be subjected to treatment prohibited by that provision if he were expelled to Iran because of his conversion to Christianity.
The applicant complains under Article 13 that he did not have an effective remedy in Dutch national law in terms of his complaint under Article 3 of the Convention.
In addition, the applicant submits that the assessment by the immigration authorities of the sincerity of his inner conviction constitutes a violation of Article 13 in conjunction with Article 9 of the Convention.
QUESTIONS
In the light of the applicant’s claims and the documents which have been submitted, would he face a real risk of being subjected to treatment in breach of Article 3 of the Convention if he were expelled to Iran because of his conversion to Christianity?
Did the applicant have at his disposal an effective domestic remedy within the meaning of Article 13 of the Convention for his complaint under Article 3 of the Convention?
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