Case Law

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

19 August 2019 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Appeal / Right to appeal - Family reunification - Refoulement - Safe third country | Countries: Bangladesh - Canada - Colombia - Jordan - Syrian Arab Republic - United States of America

whether a law is of general application – whether a law is appropriate and adapted to some legitimate object in the country in question

14 May 2019 | Judicial Body: Australia: Federal Court | Topic(s): Public health - Social group discrimination | Countries: Australia - Bangladesh

31 May 2017 | Judicial Body: Bangladesh: Supreme Court | Legal Instrument: 1951 Refugee Convention | Topic(s): Arbitrary arrest and detention - Non-refoulement - Refugee camps - Right to liberty and security | Countries: Bangladesh - Myanmar

This case was referred to the Grand Chamber, see UNHCR's submission of 8 January 2018 and the final decision of 21 November 2019, including the partly dissenting opinion of Judge Bianku, joined by Judge Vučinić.

14 March 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Appeal / Right to appeal - Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Refoulement - Right to liberty and security - Safe third country | Countries: Bangladesh - Hungary

1 August 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Credibility assessment - Criminal justice - Persecution based on political opinion | Countries: Australia - Bangladesh

28 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Flight by land, air or sea - Persecution based on class/wealth/occupation - Persecution based on political opinion - Political groups - Political parties | Countries: Australia - Bangladesh

24 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Flight by land, air or sea - Persecution based on political opinion - Political parties - Unlawful departure | Countries: Australia - Bangladesh

2 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Flight by land, air or sea - Persecution based on political opinion - Political groups - Political parties - Threats / Intimidation | Countries: Australia - Bangladesh