Immigration law / Immigration Detention

27 September 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

September 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

September 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

28 July 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

The Court found violations of articles 3, 5§1, and 5§5, when the applicant was kept in a cell measuring only 1.4 meters in pre-trial detention, placed in a metal cage during appellate proceedings, was not released immediately despite being granted refugee status in Sweden, and when the applicant had no available compensation under domestic law.

18 March 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Immigration Detention - Prison or detention conditions | Countries: Ukraine - Uzbekistan

The case concerned the applicants’ confinement in the Röszke transit zone on the border with Serbia in April-August 2017. The Court found, in particular, that the lack of food provided to R.R. and the conditions of stay of the other applicants (a pregnant woman and children) had led to a violation of Article 3. It also found that that the applicants’ stay in the transit zone had amounted to a de facto deprivation of liberty and that the absence of any formal decision of the authorities and any proceedings by which the lawfulness of their detention could have been decided speedily by a court had led to violations of Article 5.

2 March 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Immigration Detention | Countries: Hungary

11 February 2021 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

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

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