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CASE OF ILIAS AND AHMED v. HUNGARY (Application no. 47287/15) (Grand Chamber)

The Court found in particular that the Hungarian authorities had failed in their duty under Article 3 to assess the risks of the applicants not having proper access to asylum proceedings in Serbia or being subjected to chain-refoulement, which could have seen them being sent to Greece, where conditions in refugee camps had already been found to be in violation of Article 3. In a development of its case-law, it held that Article 5 was not applicable to the applicants’ case as there had been no de facto deprivation of liberty in the transit zone. Among other things, the Court found that the applicants had entered the transit zone of their own initiative and it had been possible in practice for them to return to Serbia, where they had not faced any danger to their life or health. Their fears of a lack of access to Serbia’s asylum system or of refoulement to Greece, as expressed under Article 3, had not been enough to make their stay in the transit zone involuntary.

21 November 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Rejection at border - Right to liberty and security - Safe third country - Transit | Countries: Bangladesh - Greece - Hungary - North Macedonia - Serbia - Türkiye

Ramadan and Another v. the Netherlands

10 November 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Mental health - Public health | Countries: Netherlands - North Macedonia

Secretary of State for the Home Department v. N (RR - Ceasefire) Macedonia

21 August 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Ceasefire - Changes of circumstances in home country - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Racial / Ethnic persecution | Countries: North Macedonia - United Kingdom of Great Britain and Northern Ireland

MS (Risk - Homosexuality - Military Service) Macedonia v. Secretary of State for the Home Department

30 July 2002 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution on the basis of sexual orientation or gender identity - Prison or detention conditions - Right to family life | Countries: North Macedonia - United Kingdom of Great Britain and Northern Ireland

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