On the Culpable Conduct Test of the ECtHR:Is it Protecting or Deprotecting Refugees?

We see what the Court anticipates from the applicants in proving at an initial stage…

In the context of the expulsion of migrants, the Court has previously stated that where the absence of identification and personalised treatment by the authorities of the respondent State was at the very core of an applicant’s complaint, it was essential to ascertain whether the applicant has furnished prima facie evidence in support of their version of events. If that is the case, the burden of proof should shift to the Government.(30)…