Immigration law / Immigration Detention

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court. For these reasons, the Court, unanimously, Decides to strike the application out of its list of cases.

16 November 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Illegal entry - Immigration Detention - Unaccompanied / Separated children | Countries: Afghanistan - Hungary

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 | Topic(s): Immigration Detention | Countries: Hungary

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 | Topic(s): Access to procedures - Illegal entry - Immigration Detention | Countries: Hungary

5 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Immigration Detention - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Prison or detention conditions | Countries: Hungary - Iran, Islamic Republic of

22 September 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Immigration Detention - Non-refoulement - Safe third country | Countries: Hungary - Serbia - Somalia

24 February 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Immigration Detention - Prison or detention conditions - Reception - Safe third country | Countries: Hungary - Iran, Islamic Republic of - Türkiye - United Kingdom of Great Britain and Northern Ireland

26 June 2014 | Judicial Body: Germany: Bundesgerichtshof | Topic(s): Immigration Detention - Regional instruments - Safe third country | Countries: Germany - Hungary - Pakistan

9 October 2013 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Access to procedures - Immigration Detention - Non-refoulement - Prison or detention conditions - Regional instruments | Countries: Afghanistan - Austria - Hungary - Switzerland

6 June 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Regional instruments - Safe third country | Countries: Austria - Hungary - Sudan