Immigration
All Updates
Cases selected for updating the Case-Law Guide.
Winther v. Denmark, no. 9588/21
Expulsion order with a six-year re-entry ban against a migrant lawfully residing in Denmark for less than four years following his conviction for serious offences.
Judgment
H.T. v. Germany and Greece, no. 13337/19
Immediate removal of a Syrian asylum-seeker, with no processing of the asylum request, from Germany to Greece under an administrative arrangement between the two countries.
Judgment
M.D. and Others v. Hungary, no. 60778/19
Collective expulsion of an Afghan family from Hungary to Serbia without considering Serbian authorities’ refusal to readmit them nor personal circumstances.
Judgment
Mirzoyan v. the Czech Republic, nos. 15117/21 and 15689/21
Refusal of applications to extend long-term residence due to considerations of threat to national security and public order based on classified documents.
Judgment | Legal Summary
M.B. v. the Netherlands, no. 71008/16
Arbitrary immigration detention of applicant pending assessment of his asylum application on public order grounds following criminal detention on terrorism related charges.
Judgment
M.H. and S.B. v. Hungary, nos. 10940/17 and 15977/17
Asylum detention of applicants, after they claimed to be minors.
Judgment
J.A. and A.A. v. Türkiye, no. 80206/17
Threatened expulsion of applicants and their four children, who had fled Iraq due to threat posed by ISIS.
Judgment
Dabo v. Sweden, no. 12510/18
Refusal of family reunification request of a refugee who failed to fulfil maintenance requirement and applied outside the three-month exemption period.
Judgment
Alkhatib and Others v. Greece, no. 3566/16
Death of the applicant’s relative, who was travelling in a boat with a view to illegally entering Greece, as a result of several shots fired by the coast guard.
Judgment
H.A. v. the United Kingdom, no. 30919/20
The deportation of a stateless person of Palestinian origin to a refugee camp in Lebanon would not entail a breach of Article 3 of the Convention.
Judgment
A.E. and Others. v. Italy, nos. 18911/17 and 2 others
Degrading conditions of the arrest and the bus transfer of Sudanese nationals to and from a migrant hotspot centre.
Judgment
W.A. and Others v. Italy, no. 18787/17
Assessment as to whether the applicants were part of a group removed to Sudan based on an expert facial comparison report requested under Rule A1 §§ 1 and 2 of the Rules of Court.
Judgment
S.S. and Others v. Hungary, nos. 56417/19 and 44245/20
Removal of two migrant families to the external side of the Hungarian border fence with Serbia amounting to expulsion.
Judgment
Camara v. Belgium, no. 49255/22
Domestic authorities' refusal to implement an enforceable order requiring the State to provide an asylum seeker with accommodation and material support.
Judgment | Legal Summary
A.A. v. Sweden, no. 4677/20
Removal of a Libyan national to Lybia after the refusal of his asylum claim.
Judgment
S.E. v. Serbia, no. 61365/16
Refusal to issue a recognised Syrian refugee a travel document for seven years due to the absence of regulations implementing domestic asylum law.
Judgment | Legal Summary
B.F. and Others v. Switzerland, nos. 13258/18 and 3 others
Refusal of family reunification requests, for not fulfilling financial independence requirement, of provisionally admitted refugees.
Judgment | Legal Summary
Bijan Balahan v. Sweden, no. 9839/22
No evidence of a real risk of a life imprisonment sentence without parole or with a 61-year minimum term before parole eligibility, if applicant extradited to, and convicted in, the USA.
Judgment | Legal Summary
Ghadamian v. Switzerland, no. 21768/19
Refusal to issue a residence permit to an elderly alien, resident for more than 50 years in Switzerland, albeit unlawfully since 2002, on account of an unenforced decision to expel him after his convictions for serious criminal offences.
Judgment | Legal Summary
Ansari v. Portugal (dec.), no. 4262/17
Alleged non-compliance with diplomatic assurances given by India to Portugal at the time of the applicant’s extradition on terrorism charges.
Decision
J.A. and Others v. Italy, no. 21329/18
Arbitrary detention of sea-migrants in a hotspot centre in poor conditions and their removal to Tunisia.
Judgment | Legal Summary
Alhowais v. Hungary, no. 59435/17
Drowning of a migrant in his attempt to cross a river to reach the respondent State's territory.
Judgment
Minasian and Others v. the Republic of Moldova, no. 26879/17
Lack of legal basis for detention of children with their mother.
Judgment
S.H. v. Malta, no. 37241/21
Refusal of applicant’s asylum requests without an assessment of his claim as to the risk faced on his return to Bangladesh given his reporting as a journalist of electoral irregularities.
Judgment
M.K. and Others v. France, nos. 34349/18 and 2 others
Refusal by the administrative authorities to enforce interim orders requiring the State to provide some asylum-seekers and their children with emergency accommodation. Applicability and merits.
Judgment | Legal Summary
Sanchez-Sanchez v. the United Kingdom [GC], no. 22854/20
Assessing life sentences in an extradition context and the inapplicability of procedural safeguards under the Vinter and Others standard.
Judgment | Legal Summary
M.T. and Others v. Sweden, no. 22105/18
Temporary statutory three-year suspension period for family reunification of persons with subsidiary protection.
Judgment | Legal Summary
Liu v. Poland, no. 37610/18
Proposed extradition to China where the applicant would face a real risk of ill-treatment in detention.
Judgment | Legal Summary
McCallum v. Italy (dec.) [GC], no. 20863/21
Life sentences in the extradition context, reliance on assurances conveyed in Diplomatic Notes.
Decision | Legal Summary
O.M. and D.S. v. Ukraine, no. 18603/12
Removal to a third country without examination by border control authorities at international airport transit zone of risk of ill-treatment and/or refoulement.
Judgment
Thiam v. Italy (dec.), no. 21329/16
Conditions of detention in transit zone of an airport.
Decision
Darboe and Camara v. Italy, no. 5797/17
Age-assessment procedures for migrants requesting international protection and claiming to be children.
Judgment | Legal Summary
Safi and Others v. Greece, no. 5418/15
Application of Osman obligations to a sea rescue operation resulting in the sinking of a migrant boat.
Judgment | Legal Summary
Alleleh and Others v. Norway, no. 569/20
Expulsion order with a two-year re-entry ban against applicant guilty of immigration law breaches and married to a national of the respondent State with whom she had four children.
Judgment
Akkad v. Türkiye, no. 1557/19
Forced and swift return to Syria of a Syrian national with a valid residence permit.
Judgment
L.B. v. Lithuania, no. 38121/20
Refusal to issue a permanent resident an alien’s passport.
Judgment | Legal Summary
H.M. and Others v. Hungary, no. 38967/17
Use of handcuffs and leash on asylum seeker when taken to hospital to assist his pregnant wife.
Judgment
Khasanov and Rakhmanov v. Russia [GC], no. 28492/15
Risk assessment in removal cases; methodology for cases brought by members of vulnerable groups allegedly exposed to systematic ill-treatment.
Judgment | Legal Summary
A.J. v. Greece (dec.), no. 34298/18
Reception conditions of unaccompanied minor separated from his siblings, hosted at different accommodation facilities.
Decision
M.A.M. v. Switzerland, no. 29836/20
Converted Christian Pakistani at risk of expulsion to Pakistan.
Judgment
A.A. and Others v. North Macedonia, nos. 55798/16 and 4 others
Pushback of large groups of refugees having unlawfully crossed the land border.
Judgment | Legal Summary
N.B. and Others v. France, no. 49775/20
Administrative detention pending removal of an eight-year-old child accompanied by his parents.
Judgment | Legal Summary
M.A. and Others v. Latvia (dec.), no. 25564/18
Burden of proof and documentary evidence in a case concerning application for asylum at the border.
Decision
T.K. and Others v. Lithuania, no. 55978/20
Refusal of asylum requests and intended removal of Tajik family, despite the father's membership in a banned opposition political party.
Judgment
Shenturk and Others v. Azerbaijan, nos. 41326/17 and 3 others
Disguised extradition from Azerbaijan to Turkey and extra-legal transfer of persons.
Judgment
Nikoghosyan and Others v. Poland, no. 14743/17
Automatic placement of a family of adult and child asylum-seekers in six-month-long detention.
Judgment
Komissarov v. the Czech Republic, no. 20611/17
Excessive length of detention pending extradition due to serious delays in asylum proceedings.
Judgment
Johansen v. Denmark (dec.), no. 27801/19
Deprivation of citizenship and expulsion of dual national convicted for terrorism.
Decision
Hashemi and Others v. Azerbaijan, nos. 1480/16 and 6 others
Refusal to issue identity cards to children born in Azerbaijan from Afghan/Pakistani refugees. Applicability and merits.
Judgment
Savran v. Denmark [GC], no. 57467/15
Expulsion of a seriously ill settled migrant, young adult excluded from criminal penalty: the Paposhvili thresold test and Maslov criteria.
Judgment | Legal Summary