Keywords: risk assessment; asylum-seekers; international protection; non-refoulement; EU Directive 2011/95/UE; Article 3 ECHR
In the N.A. case, the European Court of Human Rights provides a significant review of the domestic
decision-making process in international-protection claims.
The risk assessment upon return in the Country of origin of the asylum seekers fails if it is not
based on a cumulative approach on all the individual factors which might give rise to a real risk of
being persecuted. One can observe how the Court, throughout the non-refoulement principle and
threshold set for Article 3, has developed a supranational pattern of risk assessment of being subjected
to a treatment contrary to the Convention, very close to that of the European legal framework,
that domestic courts should therefore include in their decision-making process in order to
avoid a violation of the Convention.