M.I. v Switzerland
European Court of Human Rights · Application no. 56390/21 · See HUDOC for judgment date · Council of Europe
Key principle
Risk assessment must engage with the applicant's individual circumstances and current country evidence; reliance on discretion is legally problematic.
Facts
The applicant, an Iranian gay man, challenged his removal from Switzerland to Iran.
Legal questions
Did the domestic authorities carry out a rigorous, individualised assessment of the consequences of return?
Holding
The Court underlined the need for rigorous assessment and the problem of reliance on expected concealment or discretion.
Practical relevance
Reinforces the anti-concealment line in ECtHR SOGI removal case-law.
Limitations
Fact-specific; consult HUDOC for the current authoritative text of the judgment.
General information only. ImmigrationLGBT is not a law firm and this summary is not personalised legal advice. Consult a qualified lawyer or accredited representative in the relevant jurisdiction. Legal status and subsequent treatment of the decision may have changed.