L.M. AND OTHERS v. RUSSIA JUDGMENT
27
fact that the applicants had sought asylum in Russia (see paragraph 12
above).
111. The applicants then submitted to the authorities additional and
individualised information about the risks in the event of return during the
proceedings aimed at obtaining refugee status and temporary asylum (see
paragraphs 37-39 above), which were either rejected or remained
incomplete for the reasons stated above (see paragraph 105 above).
112. Lastly, the Court does not lose sight of the fact that the arrival of a
significant number of asylum seekers from Syria and the need for this group
to have international protection could not have been unknown to the
relevant authorities, as attested by the position of the FMS which had been
brought to the attention of the Regional Court (see paragraph 12 above).
113. In the circumstances, the Court finds that the applicants presented
the national authorities with substantial grounds for believing that they
faced a real risk to their lives and personal security if expelled. It remains to
be addressed whether the claim has been assessed adequately by the
competent national authorities.
(c) Duty to assess claims of a real risk of ill-treatment relying on sufficient
relevant material
114. The Court notes that the applicants argued before the domestic
courts that their expulsion would expose them to a real risk of being
subjected to treatment contrary to Articles 2 and 3, and in the Government’s
opinion this argument had been adequately considered by the domestic
courts and rejected.
115. As to the proceedings which had resulted in the expulsion order, the
Court notes that the scope of review by the domestic courts was largely
confined to establishing that their presence in Russia had been illegal. Both
the Maloyaroslavets District Court and Kaluga Regional Court had avoided
engaging in any in-depth discussion about the dangers referred to by the
applicants and the wide range of international and national sources
describing the current situation in Syria. In this connection, the Court
reiterates that, in view of the absolute nature of Article 3, it is not possible
to weigh the risk of ill-treatment against the reasons put forward for
expulsion (see Abdolkhani and Karimnia v. Turkey, no. 30471/08, § 91,
22 September 2009). The courts’ approach in this case is particularly
regretful since there exists a national practice whereby the domestic courts,
including the Supreme Court, when considering administrative offences in
the immigration sphere take into account and accord sufficient weight to the
arguments of real risk of ill-treatment advanced by the claimants. As a result
of such examination, the expulsion orders can be lifted (see paragraphs 7173 above).
116. The applicants and the Federal Bailiff Service attempted to reverse
the orders of expulsion, or at least to have them suspended; however, the
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