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CASE OF ILIAS AND AHMED v. HUNGARY (Application no. 47287/15) (Grand Chamber)

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 | Document type: Case Law | 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

Decisions 20802/25.9.2018 and 20898/26.9.2018 of the 9th Independent Appeals Committee (administrative body, second instance)

25 September 2018 | Judicial Body: Greece: Administrative Court (First Instance) of Athens | Document type: Case Law | Topic(s): Deportation / Forcible return - Foreign occupation - Safe third country | Countries: Greece - Syrian Arab Republic - Türkiye

Submission by the Office of the United Nations High Commissioner for Refugees in the case of Ilias and Ahmed v. Hungary (Application No. 47287/15) before the Grand Chamber of the European Court of Human Rights

8 January 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

Greece: Highest Court Fails Asylum Seekers

27 September 2017 | Publisher: Human Rights Watch | Document type: Country News

The DCR/ECRE desk research on application of a safe third country and a first third country of asylum concepts to Turkey

20 May 2016 | Publisher: European Council on Refugees and Exiles | Document type: Legal Articles/Analyses/Commentaries

The EU-Turkey Deal

29 April 2016 | Publisher: Jesuit Refugee Service | Document type: Legal Articles/Analyses/Commentaries

Legal considerations on the return of asylum-seekers and refugees from Greece to Turkey as part of the EU-Turkey Cooperation in Tackling the Migration Crisis under the safe third country and first country of asylum concept

23 March 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Legal Articles/Analyses/Commentaries

UNHCR's reaction to Statement of the EU Heads of State and Government of Turkey, 7 March

8 March 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Speeches/Statements

Report from the Commission to the European Parliament and the Council - Second Report on progress by Turkey in fulfilling the requirements of its visa liberalization roadmap

4 March 2016 | Publisher: European Union: European Commission | Document type: Policy/Position Papers

Fear and Fences: Europe's Approach to Keeping Refugees at Bay

17 November 2015 | Publisher: Amnesty International | Document type: Country Reports

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