Entry, admission and reception / Illegal entry

Hungary has failed to fulfil its obligations: – in providing that applications for international protection from third-country nationals or stateless persons who, arriving from Serbia, wish to access, in its territory, the international protection procedure, may be made only in the transit zones of Röszke and Tompa, while adopting a consistent and generalised administrative practice drastically limiting the number of applicants authorised to enter those transit zones daily; – in establishing a system of systematic detention of applicants for international protection in the transit zones of Röszke and Tompa, without observing the guarantees provided for in Article 24(3) and Article 43 of Directive 2013/32 and Articles 8, 9 and 11 of Directive 2013/33; – in allowing the removal of all third-country nationals staying illegally in its territory, with the exception of those of them who are suspected of having committed a criminal offence, without observing the procedures and safeguards laid down in Article 5, Article 6(1), Article 12(1) and Article 13(1) of Directive 2008/115; – in making the exercise by applicants for international protection who fall within the scope of Article 46(5) of Directive 2013/32 of their right to remain in its territory subject to conditions contrary to EU law.

17 December 2020 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Access to procedures - Illegal entry - Immigration Detention | Countries: Hungary

November 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

13 August 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

16 July 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

The Court is requested to order the voidness of section 4 of the Prevention of Infiltration and Ensuring the Departure of Infiltrators from Israel 5775-2014 (Legislative Amendments and Temporary Provisions) 5775-2014 (hereinafter: the "Amending Law") that obliges foreign workers who entered Israel not through a border crossing (hereinafter: "Infiltrator Workers") and their employers to deposit in a special bank account a total amount at a rate of 36% of the worker's wages that will be paid to the worker only at the time of his departure from Israel (hereinafter: the "Deposit Scheme"). In short, the Petitioners argue that the Deposit Scheme, in general, or in the least some of its components, is unconstitutional and therefore should be voided.

23 April 2020 | Judicial Body: Israel: High Court of Justice | Document type: Case Law | Topic(s): Administrative law - Asylum-seekers - Constitutional law - Illegal entry - Non-refoulement | Countries: Eritrea - Israel - Sudan

23 April 2020 | Judicial Body: Israel: High Court of Justice | Document type: Case Law | Topic(s): Economic, social and cultural rights - Illegal entry - Immigration law - Right to employment | Countries: Eritrea - Israel - Sudan

The panel affirmed the district court’s grant of a temporary restraining order and a subsequent grant of a preliminary injunction enjoining enforcement of a rule and presidential proclamation that, together, strip asylum eligibility from every migrant who crosses into the United States along the southern border of Mexico between designated ports of entry.

28 February 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Document type: Case Law | Topic(s): Entry / Exit - Illegal entry - Non-refoulement - Rejection at border - Right to seek asylum | Countries: United States of America

12 November 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

September 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Policy/Position Papers

2 August 2019 | Judicial Body: United States District Courts | Document type: Case Law | Topic(s): Access to procedures - Asylum policy - Asylum-seekers - Illegal entry - Refugee status determination (RSD) / Asylum procedures - Right to seek asylum | Countries: El Salvador - Guatemala - Honduras - Mexico - Nicaragua - United States of America