Immigration

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Cases selected for updating the Case-Law Guide.

M.H. and S.B. v. Hungary, nos. 10940/17 and 15977/17

22/02/24

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


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

06/02/24

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

18/01/24

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

16/01/24

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

05/12/23

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

16/11/23

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

16/11/23

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

12/10/23

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

18/07/23

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

13/07/23

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


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

11/07/23

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

04/07/23

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

29/06/23

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

09/05/23

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

11/04/23

​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

30/03/23

​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

02/02/23

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

17/01/23

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


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

20/12/22

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

08/12/22

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

03/11/22

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

20/10/22

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


Liu v. Poland, no. 37610/18

06/10/22

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

21/09/22

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

15/09/22

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

30/08/22

Conditions of detention in transit zone of an airport.
Decision


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

21/07/22

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


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

07/07/22

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

23/06/22

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

21/06/22

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


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

14/06/22

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


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

02/06/22

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

29/04/22

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

26/04/22

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


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

26/04/22

Converted Christian Pakistani at risk of expulsion to Pakistan.
Judgment 


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

05/04/22

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


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

31/03/22

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

29/03/22

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

22/03/22

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

10/03/22

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


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

03/03/22

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

03/02/22

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


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

01/02/22

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


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

13/01/22

Refusal to issue identity cards to children born in Azerbaijan from Afghan/Pakistani refugees. Applicability and merits.
Judgment


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

07/12/21

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


Savran v. Denmark [GC], no. 57467/15

07/12/21

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


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

23/11/21

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


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

18/11/21

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


Abdi v. Denmark, no. 41643/19

14/09/21

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


M.D. and Others v. Russia, nos. 71321/17 and 9 Others

14/09/21

Proposed expulsion to Syria of vulnerable applicants.
Judgment | Legal Summary


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