Home Others The Netherlands is not allowed to deport a Russian medicinal cannabis user

The Netherlands is not allowed to deport a Russian medicinal cannabis user

by Ties Inc.

cannabis plant

A Russian citizen whose application for asylum has been rejected by the Netherlands cannot be deported because he has to use medicinal cannabis as part of his cancer treatment.

Because cannabis is illegal in Russia, even for medicinal purposes, it cannot be returned to its home country from the Netherlands, the European Court of Justice said in a ruling today.

Cannabis for appropriate care

In its ruling, the court said the man was diagnosed with a rare form of blood cancer when he was XNUMX. He is being treated for it in the Netherlands. “His medical treatment includes administering medicinal cannabis for analgesic purposes,” the court said.

The Court ruled that European Union law prohibits Member States from deporting a non-EU citizen if they suffer from a serious illness and if they are deported to a country where appropriate care is not available. Even if they are in the European Union illegally, they cannot be expelled if doing so exposes them “to a real risk of a rapid, significant and permanent irreversible increase in the pain caused by his or her illness.”

According to EU law, expulsion is not possible 'if there are serious and well-founded reasons to believe that the return of this third-country national would expose him to a real risk that the pain caused by his illness will increase rapidly, significantly and irreversibly because in the country of origin destination no appropriate care is available.”

Medical emergency

Until Tuesday's ruling, Dutch immigration authorities defined a medical emergency only if it "could result in death, disability or other serious psychological or physical harm within three months". The court suggested that this term had not been applied fairly in this particular case.

The man's asylum application was last dealt with in the Netherlands by the court in The Hague, which ruled against him in 2020. The man applied for asylum in the Netherlands for the first time nine years ago and is now 34 years old.

Source: NLtimes.com (EN)

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