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Russian man can keep in EU regardless of asylum rejection to obtain medicinal hashish, court docket guidelines

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A Russian man being handled with medicinal hashish can’t be faraway from the Netherlands regardless of a rejected asylum request as a result of the drug isn’t out there in his residence nation, the EU’s Court docket of Justice dominated on Tuesday.

The person developed a uncommon type of blood most cancers on the age of 16 and is at present receiving medical therapy within the Netherlands that features medicinal hashish to assist relieve his ache.

He had made plenty of requests for asylum within the Netherlands however his final one was rejected in 2020.

“He takes the view that he must be issued with a residence allow or, on the very least, his removing must be postponed” since he would “now not have the ability to lead an honest life if that therapy was discontinued,” the EU’s prime court docket mentioned in an announcement.

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The court docket dominated that EU regulation prevents nations from returning non-EU residents who’re staying illegally within the bloc if they’re “affected by a severe sickness” and if returning the particular person to their nation would trigger “a fast, vital and everlasting enhance” in ache.

The court docket mentioned two circumstances should be met: that the ache therapy can’t be administered within the receiving nation (on this case Russia) and that the absence of the therapy would result in “ache of such depth that it will be opposite to human dignity.”

Based on the request for a preliminary ruling issued in February 2021, the Russian man had mentioned the medicinal hashish therapy may relieve the ache by about 70%.

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He mentioned that with out hashish he would “not have the ability to sleep or eat due to the ache” which might make him grow to be “depressed and suicidal”.

“The failure to offer ache aid would subsequently lead to a short-term medical emergency,” the request for a ruling continued.

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