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Entry, admission and reception / Rejection at border

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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

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

Border fences and internal border controls in Europe (March 2017)

3 April 2017 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Maps

Hungary stoops to new low with plan to round up asylum seekers in container camp

10 February 2017 | Publisher: Amnesty International | Document type: Country News

Stranded Hope: Hungary's Sustained Attack on the Rights of Refugees and Migrants

27 September 2016 | Publisher: Amnesty International | Document type: Country Reports

Hungary: Failing to Protect Vulnerable Refugees

20 September 2016 | Publisher: Human Rights Watch | Document type: Country News

UNHCR concerned Hungary pushing asylum seekers back to Serbia

15 July 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

Hungary: Migrants Abused at the Border

13 July 2016 | Publisher: Human Rights Watch | Document type: Country News

Fearing rejection in Hungary's cold comfort transit zones

7 June 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

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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