22
L.M. AND OTHERS v. RUSSIA JUDGMENT
fierce fighting had been raging since 2013. A.M specified in addition that
several of his family members had been killed by the opposition forces.
Following the decision taken at that hearing, the decisions to expel them had
entered into force.
91. The applicants argued that they had submitted sufficiently detailed,
individualised and corroborated evidence to the authorities that they faced a
real risk of death and/or ill-treatment if returned. In addition to general
country of origin information speaking of widespread and general violence
against civilians, this position had been based on the UNHCR individual
assessment letters of the applicants’ situation and supported by the official
position of the Federal Bailiff Service and FMS relied on by the applicants
about the impossibility of returning to Syria and well-foundedness of their
asylum requests.
92. In the circumstances, the judicial decisions to maintain the
administrative expulsion as an additional sanction had not been based on an
individualised assessment and had failed to take into account the relevant
important factors. Despite this weighty and detailed evidence, the decisions
of the Regional Court of 27 May 2014 had simply stated that the
information about the continuous civil war and the alleged danger to the
applicants’ life and safety “did not constitute sufficient grounds for
excluding the application for expulsion”.
93. As to the available remedies, the applicants argued that their claims
of a possible breach of Articles 2 and 3 in the event of their return should
have been taken into account in the context of the proceedings concerning
administrative expulsion. This, in their view, constituted the most
appropriate and effective avenue to address the issue. They stressed that the
fact that their claims for refugee status and/or temporary asylum status had
been lodged by the time of the hearing in the Regional Court on 27 May
2014 had not prevented that court from confirming the legality of their
expulsion, thus nullifying the possible guarantee of non-refoulement
contained in the relevant international and domestic legal documents.
94. Moreover, the District Court had refused to stay the execution of the
judgments in question, supporting the view that the expulsion was still
possible.
95. In so far as the Government claimed that the procedure for refugee
status and temporary asylum constituted an effective remedy to be used, the
applicants stressed that the system in Russia had a number of serious
drawbacks which had made it inaccessible for them in practice. In
particular, they pointed out that while asylum seekers were notified of the
FMS decision not to grant them asylum or refugee status, they had to try
and obtain the text of the relevant decision from the FMS themselves. Only
once the text had been obtained could the people affected bring a complaint
to the competent court. A.A.s first request had therefore been rejected on
26 March 2014, and the applicant who had no legal aid and spoke no
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