FOURTH SECTION
Application no. 56580/13
T. and others
against Finland
lodged on 6 September 2013
STATEMENT OF FACTS
THE FACTS
The applicants are a family of father, mother and two minor children, who are Russian nationals originating from the region of Ingushetia and who have sought asylum unsuccesfully in Finland. They are reprsented before the Court by Ms Kirsi Hytinantti, a lawyer practising in Helsinki. In the course of the proceedings, the third applicant, the teenager son of the family went missing.
COMPLAINTS
The applicants complain under Article 3 of the Convention that they would face a real risk of ill-treatment if expelled to Russia.
They complain under Article 8 of the Convention that their right to respect for family life would be violated if they were expelled to Russia while their minor son, the third applicant, had gone missing in Finland.
The applicants also complain under Article 13 of the Convention that they should have an effective remedy, that is, to be allowed to stay in Finland until the Supreme Administrative Court or the European Court of Human Rights has examined their case.
QUESTIONS
1. In the light of the applicants’ claims and the documents which have been submitted, would they face a risk of being subjected to treatment in breach of Article 3 of the Convention if they were expelled to Russia?
2. Would there be an interference with the applicants’ right to respect for family life within the meaning of Article 8 § 1 of the Convention if the family were expelled without their minor son, the third applicant, who according to the applicants’ complaint had gone missing in Finland on 7 September 2013? If so, would the interference be in accordance with the law and necessary in terms of Article 8 § 2?
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