Article 4 of Protocol No. 4 - Prohibition of collective expulsion of aliens

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All Updates


Cases selected for updating the Case-Law Guide.

O.H. and Others v. Serbia, no. 57185/17

03/02/26

Removal by the police of irregular migrants from Serbia to Bulgaria after the domestic court had acknowledged their asylum claims and had ordered the issuance of temporary residence permits and the facilitation of their accommodation.
Judgment


H.Q. and Others v. Hungary, nos. 46084/21 and 2 others

24/06/25

The applicants’ automatic removal, either individually or together with other persons, to the external side of the Hungarian border fence with Serbia.
Judgment | Legal Summary


S.S. and Others v. Hungary, nos. 56417/19 and 44245/20

12/10/23

Removal of two migrant families to the external side of the Hungarian border fence with Serbia amounting to expulsion.
Judgment


A.A. and Others v. North Macedonia, nos. 55798/16 and 4 others

05/04/22

Migrants arriving in large groups and circumventing genuine and effective legal entry procedures.
Judgment | Legal Summary


M.A. and Others v. Latvia (dec.), no. 25564/18

29/03/22

Family refused entry by border guards at a border crossing point with standardised forms. 
Decision


M.H. and Others v. Croatia, nos. 15670/18 and 43115/18

18/11/21

Summary return of parent and six children by Croatian police outside official border crossing.
Judgment Legal Summary


D.A. and Others v. Poland, no. 51246/17

08/07/21

Collective expulsion despite applicants’ intention to apply for international protection.
Judgment 


Shahzad v. Hungary, no. 12625/17

08/07/21

Collective nature of applicant’s removal after irregular but undisruptive entry. Applicability and merits.
Judgment | Legal Summary


M.K. and Others v. Poland, nos. 40503/17, 42902/17 and 43643/17

23/07/20

Refusal of border guards to receive asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country of origin.
Judgment | Legal Summary


Moustahi v. France, no. 9347/14

25/06/20

Failure to examine situation of unaccompanied minors arbitrarily associated with an unrelated adult for the purpose of removal with him.
Judgment | Legal Summary


Asady and Others v. Slovakia, no. 24917/15

24/03/20

Removal to Ukraine by the Slovakian police of a group of Afghan nationals following their unauthorised crossing of the land border.
Judgment


N.D. and N.T. v. Spain [GC], nos. 8675/15 and 8697/15

13/02/20

Immediate and forcible return of aliens from a land border, following an attempt by migrants to cross in an unauthorised manner and en masse. Applicability and merits.
JudgmentLegal Summary


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