Refugees – Immigrants

The deportations do not violate the ECHR, as each deportee puts forward his arguments and his case is examined individually.

JUDGMENT  Asady and others v. Slovakia  24.03.2020 (no. 24917/15) see here SUMMARY  Collective expulsion of aliens. Examination by the authorities individually of each case. Non-violation of the ECHR. Deportation of Afghans to Ukraine by Slovak police. The Court examined only 7 of the 19 appeals. It found, in particular, that despite the short duration of […]

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Asylum request for members of a religious community. Rejection due to an unproven risk of inhumane or degrading treatment

JUDGMENT A.S.N. and others v. The Netherlands 25.2.2020 (no.  68377/17 and 530/18) see here  SUMMARY The applicants in both applications are families with minor children, originally from Afghanistan and belonging to the religious community of Sikhs. Citing fears of persecution because of their religious beliefs, they fled to the Netherlands where they sought asylum. Their […]

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Individuals with links to terrorist organizations are protected by the ECHR when their lives are at risk of deportation.

JUDGMENT M.A. and others v. Bulgaria 20.02.2020 (no. 5115/18) see here   SUMMARY The applicants belong to a Uighur minority, Muslims of Chinese nationality, residing in China. In their country of origin, they faced persecution because of their political and religious beliefs. As a result, they entered Turkey through Bulgaria, where they applied for asylum. The […]

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The administrative detention of an alien for the purpose of executing an expulsion order is lawful. The right to liberty and security has not been violated.

JUDGMENT Jeddi v. Italy 09.01.2010 (no. 42086/14) see here SUMMARY Aliens deportation and legality of temporary administrative detention. The applicant was arrested for illegal entry into Italy. He applied for asylum which was rejected but was granted a residence permit on humanitarian grounds. Despite being granted a residence permit he fled to Switzerland seeking asylum […]

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No evidence of degrading treatment by an asylum seeker. The applicant has not shown that her basic needs in food, hygiene and living could be met

JUDGMENT B.L. and others v. France 09.01.2020 (no. 48104/14) see here SUMMARY The case concerned asylum-seekers housed in a tent camp in Metz, who complained about the poor conditions in which they were accommodated. Noting, firstly, that certain applicants (nos. 2 to 23) had not maintained contact with their lawyer and had failed to keep […]

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The expulsion of an alien for the purposes of public policy and security did not violate his right to family life

JUDGMENT Zakharchuk v. Russia 17.12.2019 (no. 2967/12) see here   SUMMARY  Limits on the protection of family life. Expulsion of an alien for national security reasons. The applicant was born in the former Soviet Union to a Russian mother and a Polish father. He acquired Polish citizenship and maintained ties with that country even though […]

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The expulsion of asylum seekers to a designated safe third country, without the necessary scrutiny, violated the procedural aspect of Article 3 of the ECHR. Their stay in a border area was not a deprivation of liberty.

JUDGMENT (GRAND CHMABER) Ilias and Ahmed v. Hungary 21.11.2019 (no. 47287/15) see here SUMMARY Asylum application, refoulement and safe third country. The applicants applied for asylum in Hungary, remaining in the period of examination of their applications in a transit zone at the Hungarian-Serbian border. The applications were rejected on the ground that the State responsible for examining […]

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The restriction of asylum seekers to an airport transit zone for a long time under miserable conditions violated the ECHR.

JUDGMENT Z.A. and others v. Russia 21/11/2019  (no. 61411/15) see here SUMMARY Four men were held in the Moscow airport transit zone for a long time while authorities were examining their asylum applications. None of them, in the end, remained in Russia. Unanimous violation of the right to liberty and security and the prohibition of […]

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Risk of torture for an Afghan citizen who converted to Christianity if expelled to his country of origin. His return would constitute a violation of Article 3 of the ECHR.

JUDGMENT Α.Α. v. Switzerland 5/11/2019 (no.  32218/17) see here   SUMMARY  Asylum, fear of persecution, torture, religion. The applicant, an Afghan citizen, arrived in Switzerland and applied for asylum on the grounds of persecution in his country of origin if he returned because he had converted to Christianity. His application was rejected and in the appeal, the domestic […]

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