Immigration law / Expulsion

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

24 June 2015 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Expulsion - Kurd - National security / Public order - Refugees - Residence permits / Residency - Terrorism | Countries: Germany - Türkiye

24 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Expulsion - Persecution based on political opinion - Persecution of family members - Political groups - Right to family life | Countries: Norway - Türkiye

15 February 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - National security / Public order - Right to family life | Countries: Romania - Türkiye

15 June 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Domestic violence - Expulsion - Non-state agents of persecution - Refugees - Sexual and gender-based violence (SGBV) - Social group persecution | Countries: Iran, Islamic Republic of - Türkiye

15 June 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Christian - Deportation / Forcible return - Expulsion - Freedom from torture, inhuman and degrading treatment - Re-entry - Refoulement | Countries: Iran, Islamic Republic of - Türkiye

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

24 April 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Right to family life | Countries: Bulgaria

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

28 June 2007 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Deportation / Forcible return - Expulsion - Residence permits / Residency - Right to family life | Countries: Germany - Türkiye

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

27 October 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion | Countries: Germany - Türkiye