Adbolkhani and Karimnia v Turkey Applic. No. 30471/08

The case of Abdolkhani and Karimnia concerned Iranian and Iraqi asylum seekers who were intercepted in Turkey and denied access to the asylum procedure. The Turkish authorities tried to deport the migrants (having already deported them the first time they entered) however the Iranian Refugee Alliance filed an urgent Rule 39 application to the ECHR preventing deporting pending a decision from the Court which was delivered on 22^nd September 2009. The applicants were kept in detention and denied access to the Turkish asylum procedure despite being recognised as refugees by the UNHCR.

The Turkish government maintained their position by stating that the applicants from Iraq were members of the PMOI, a recognised terrorist organisation by the USA and European Union and that therefore, there presence in Turkey was a threat to national security, public safety and order. The government contended that the applicants had initially been deported to Iraq in accordance with national legislation. They maintained that the applicants would again, be deported to Iraq. They also noted that the security situation in Iraq had improved to the extent that the applicants’ deportation would not expose them to any perceived risk.

The applicants maintained that the Turkish authorities failed to properly consider the risks on return and relied upon the case of Chahal v UK, requesting the court to make its own assessment on the risks. The applicants relied upon the fact that they had been recognised as refugees by the UNHCR. They maintained generalised violence in Iraq and specific targeting of former PMOI members by the Iraqi government. The applicants contended that the Turkish authorities were carrying out illegal deportations.

The UNHCR noted that there were high security risks for the applicants in light of the volatile security situation in Iraq and the attitude of the Iraqi authorities against former PMOI refugees.  The UNHCR resettlement service report also provided for evidence of executions of former PMOI members in Iran. References were made to Amnesty International reports of deaths of prisoners who were supporters of the PMOI.

In light of the objective evidence, the Court found in favour of the applicants stating that ‘there are serious reasons to believe that former or current PMOI members and sympathisers could be killed and ill-treated in Iran’. The court subsequently accepted that there would be a violation of article 3 upon return to Iran. In respect of Iraq, the Court found that any deportation would be carried out without an effective legal framework or any safeguards against risk of death or ill treatment.  The court therefore accepted that there were ‘substantial grounds for believing that the applicants risk a violation of their rights under Article 3 of the Convention if retuned to Iraq’.

The Court determined the following breaches:

·         Breach of article 13 (effective remedy) in respect of the complaints made by the applicants

·         Breach of article 5 (liberty and security of the person)

·         Breach of article 3 if the applicants were to be returned to their country of origin.

 

Reduced fees for Tier applications

Applicants from the following countries will benefit from paying reduced rates for the Tier 1 visa category:

·         Croatia

·         Former Yugoslav Republic of Macedonia

·         Turkey

These countries have ratified the 1961 Council of Europe Social Charter. Postal applications for the Tier 1 general migrant category are £750 whilst premium applications are £920.

There are also reduced fees for Tier 4 applicants and applicants who hold valid HSMP approval letters and who benefit from transitional arrangements. Applicants of countries who have ratified the 1961 Council of Europe Social Charter and 1996 European Social Charter (revised) are exempt from paying the fee where the transitional arrangement is applicable. Therefore individuals from the following countries may be exempt from the charge:

·         Albania

·         Andorra

·         Armenia

·         Azerbaijan

·         Croatia

·         Georgia

·         Former Yugoslav Republic of Macedonia

·         Moldova

·         Turkey

·         Ukraine

 

New Visa Route for Turkish National

 

In light of the decision of the European Court of Justice in the case of Tum & Dari (C-16/05)The Queen, on the app of Veli Tum, Mehmet Dari v SSHD (2007) the UK Border Agency has introduced a visa route for Turkish nationals who are outside the United Kingdom to enter the UK  in the Turkish ECAA business visa category. This category had previously only been open to Turkish nationals already in the United Kingdom.

 

The UK  Border Agency has also announced that from April 2010, some Turkish nationals who are already in the United Kingdom will not be allowed to switch into the Turkish ECAA business category. It has announced that only visitors, those already present with permission to run a business and other exceptional cases will be able to switch.

 

Date: 22/09/2009