European Court of Justice Issues New Instructions on Deportation

13 Sep 2011

The European Court of Human Rights has issued new instructions on the Interim Measures Procedure and a Revised Practice Direction which is binding on member states and can be used to stop a deportation.

This power can only be exercised in exceptional cases where the applicant faces a real risk of serious irreversible harm if returned to their country.

The practice direction emphasises that the Court is not a final court of appeal and that all domestic remedies should be exhausted before an application can be made for an interim measure.