Refworld | 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

Title	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
Publisher	UN High Commissioner for Refugees (UNHCR)
Publication Date	8 January 2018
Country	Bangladesh \| Greece \| Hungary \| North Macedonia \| Serbia \| Republic of Türkiye
Topics	Arbitrary arrest and detention \| Freedom from torture, inhuman and degrading treatment \| Rejection at border \| Right to liberty and security \| Safe third country \| Transit
Related Document(s)	Ilias and Ahmed v. Hungary \| CASE OF ILIAS AND AHMED v. HUNGARY (Application no. 47287/15) (Grand Chamber) \| Recommendations by the Office of the United Nations High Commissioner for Refugees ('UNHCR') concerning the execution of the judgments of the European Court of Human Rights in the cases of Ilias and Ahmed v. Hungary (Application No. 47287/15; Grand Chamber judgment of 21 November 2019) and Shahzad v. Hungary (Application No. 12625/17; Judgment of 8 July 2021)
Cite as	UN High Commissioner for Refugees (UNHCR), 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, available at: https://www.refworld.org/docid/5dd6bb634.html [accessed 18 May 2023]
Comments	UNHCR is concerned that asylum-seekers face serious challenges in accessing protection in Hungary in line with international and European standards, including because of the use of administrative detention and the application of the safe third country concept without the necessary safeguards. UNHCR considers that the right to seek asylum should not be hindered or applicants penalized through measures to prevent and deter irregular entry and freedom of movement, contrary to Article 31 of the 1951 Convention. UNHCR recalls that to guard against arbitrariness, any detention needs to be necessary, reasonable and proportionate.