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 |