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Entry, admission and reception

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Case of O.M. and D.S. v. Ukraine (Application no. 18603/12)

For these reasons, the Court, unanimously,Joins to the merits the Government’s objection as to the first applicant’s victim status regarding her complaint under Article 3 of the Convention and rejects it; Declares the first applicant’s complaints under Articles 3 and 13 of the Convention concerning her removal from Ukraine and the alleged lack of effective domestic remedies in that regard admissible and the applicants’ remaining complaints under Articles 3, 5 and 13 inadmissible; Holds that there has been a violation of Article 3 of the Convention; Holds that there is no need to examine the first applicant’s complaint under Article 13 taken in conjunction with Article 3 of the Convention; Holds that the respondent State has failed to comply with its obligation under Article 34 of the Convention

15 September 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Non-refoulement - Rejection at border | Countries: Kyrgyzstan - Ukraine

cases nos. 202106573/1 and 202105784/1

6 July 2022 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Refoulement | Countries: Denmark - Netherlands - Syrian Arab Republic

Report of the fact-finding mission to the Czech Republic by Ms Leyla Kayacik - Special Representative of the Secretary General on Migration and Refugees 4-6 May 2022

5 July 2022 | Publisher: Council of Europe | Document type: Fact Finding Reports

Report of the fact-finding mission to the Slovak Republic Ms Leyla Kayacik Special Representative of the Secretary General on Migration and Refugees 2-4 May 2022

5 July 2022 | Publisher: Council of Europe | Document type: Fact Finding Reports

Case of A.B. and Others v. Poland (Application no. 42907/17)

The present case concerns refusal of border guards to receive the applicants’ asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country origin.

30 June 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Rejection at border | Countries: Belarus - Poland - Russian Federation

Case of A.I. and Others v. Poland (Application no. 39028/17)

The present case concerns refusal of border guards to receive the applicants’ asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country origin.

30 June 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Rejection at border | Countries: Belarus - Poland - Russian Federation

M.A. v Valstybės sienos apsaugos tarnyba, Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas, Case C-72/22 PPU

The Court, ruling under the urgent preliminary ruling procedure, holds that the Procedures Directive (4) precludes legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or in the event of a declaration of an emergency due to a mass influx of foreigners, illegally staying third-country nationals are, de facto, denied the opportunity of having access to the procedure for examining an application for international protection in the territory of that Member State. Furthermore, the Court holds that the Reception Directive (5) precludes legislation of a Member State under which, in the event of such a declaration, an applicant for asylum may be detained on the sole ground that he or she is staying in the territory of that Member State illegally.

30 June 2022 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security - State of emergency | Countries: Lithuania

UNHCR Analysis of the Legality and Appropriateness of the Transfer of Asylum- Seekers under the UK-Rwanda arrangement

8 June 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

UNHCR observations on the draft Amendments to the State Borders Act and Other Related Acts of the Republic of Estonia (577 SE)

23 May 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Guide on Article 4 of Protocol No. 4 to the European Convention on Human Rights - Prohibition of collective expulsions of aliens

30 April 2022 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

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