Immigration

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Cases selected for updating the Case-Law Guide.

M.B. v. the Netherlands, no. 71008/16

23.04.2024

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

22.02.2024

Asylum detention of applicants, after they claimed to be minors.
Judgment


J.A. and A.A. v. Türkiye, no. 80206/17

06.02.2024

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

18.01.2024

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

16.01.2024

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

05.12.2023

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

16.11.2023

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

16.11.2023

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

12.10.2023

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

18.07.2023

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

13.07.2023

Removal of a Libyan national to Lybia after the refusal of his asylum claim.
Judgment


S.E. v. Serbia, no. 61365/16

11.07.2023

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

04.07.2023

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

29.06.2023

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

09.05.2023

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.
JudgmentLegal Summary


Ansari v. Portugal (dec.), no. 4262/17

11.04.2023

​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

30.03.2023

​Arbitrary detention of sea-migrants in a hotspot centre in poor conditions and their removal to Tunisia.
JudgmentLegal Summary


Alhowais v. Hungary, no. 59435/17

02.02.2023

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

17.01.2023

​Lack of legal basis for detention of children with their mother.
Judgment


S.H. v. Malta, no. 37241/21

20.12.2022

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

08.12.2022

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

03.11.2022

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

20.10.2022

Temporary statutory three-year suspension period for family reunification of persons with subsidiary protection.
Judgment | Legal Summary


Liu v. Poland, no. 37610/18

06.10.2022

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

21.09.2022

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

15.09.2022

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

30.08.2022

Conditions of detention in transit zone of an airport.
Decision


Darboe and Camara v. Italy, no. 5797/17

21.07.2022

Age-assessment procedures for migrants requesting international protection and claiming to be children.
Judgment Legal Summary


Safi and Others v. Greece, no. 5418/15

07.07.2022

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

23.06.2022

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

21.06.2022

Forced and swift return to Syria of a Syrian national with a valid residence permit.
Judgment


L.B. v. Lithuania, no. 38121/20

14.06.2022

Refusal to issue a permanent resident an alien’s passport.
Judgment | Legal Summary


H.M. and Others v. Hungary, no. 38967/17

02.06.2022

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

29.04.2022

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

26.04.2022

Reception conditions of unaccompanied minor separated from his siblings, hosted at different accommodation facilities.
Decision


M.A.M. v. Switzerland, no. 29836/20

26.04.2022

Converted Christian Pakistani at risk of expulsion to Pakistan.
Judgment 


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

05.04.2022

Pushback of large groups of refugees having unlawfully crossed the land border.
Judgment | Legal Summary


N.B. and Others v. France, no. 49775/20

31.03.2022

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

29.03.2022

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

22.03.2022

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

10.03.2022

Disguised extradition from Azerbaijan to Turkey and extra-legal transfer of persons.
Judgment


Nikoghosyan and Others v. Poland, no. 14743/17

03.03.2022

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

03.02.2022

Excessive length of detention pending extradition due to serious delays in asylum proceedings.
Judgment


Johansen v. Denmark (dec.), no. 27801/19

01.02.2022

Deprivation of citizenship and expulsion of dual national convicted for terrorism.
Decision


Hashemi and Others v. Azerbaijan, nos. 1480/16 and 6 others

13.01.2022

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

07.12.2021

Expulsion of a seriously ill settled migrant, young adult excluded from criminal penalty: the Paposhvili thresold test and Maslov criteria.
Judgment | Legal Summary


De Sousa v. Portugal (dec.), no. 28/17

07.12.2021

Surrender of a EU citizen under a European Arrest Warrant.
Decision


Corley and Others v. Russia, nos. 292/06 and 43490/06

23.11.2021

Enforced departure of two foreign missionaries and the related authorities' conduct.
Judgment  


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

18.11.2021

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


Abdi v. Denmark, no. 41643/19

14.09.2021

Expulsion of a settled migrant combined with life-long re-entry ban after conviction for a serious crime.
Judgment


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