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On 24 June 2026, the European Court of Human Rights (ECtHR) communicated the application Ali Khaledi Batrashi and Others v. Cyprus (Application no. 29564/25). The case concerns the alleged unlawful deportation of the first applicant to Iran without an adequate assessment of the risk of ill-treatment upon return, as well as the alleged lack of procedural safeguards in the deportation and detention proceedings.

The first applicant had lived in Cyprus since 2007 and remained there on humanitarian grounds after his asylum application was rejected, owing to the severe disability of one of his daughters. Following his arrest in 2023 on suspicion of involvement in terrorist activities, he was detained several times and was deported to Iran in May 2025. The first applicant alleges that his deportation exposed him to a real risk of ill-treatment in Iran and that he was subjected to treatment contrary to Article 3 during his deportation. He further complains that his detention was unlawful and arbitrary and that the judicial review proceedings concerning his detention did not comply with the requirements of Article 5 ECHR. The remaining applicants complain that the first applicant’s deportation interfered with their right to respect for family life.

The Court asked the parties, inter alia, whether the Cypriot authorities carried out a thorough assessment of the alleged risk of ill-treatment before deporting the first applicant, whether his detention complied with the requirements of Article 5 ECHR and whether his deportation disproportionately interfered with the applicants’ right to respect for family life under Article 8 ECHR.

On 16 July 2026, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C‑26/25 (Bukla) following a request for a preliminary ruling from the Szeged High Court of Hungary (Szegedi Törvényszék). The case concerned the interpretation of Article 20 TFEU and Directive 2008/115/EC (the ‘Return Directive’) regarding the adoption of a return decision on national security grounds against a third-country national who is a family member of Union citizens and the procedural safeguards applicable where such decisions are based on classified information.

The Court held that Article 20 TFEU and Article 5 of Directive 2008/115 require Member States, before adopting a return decision concerning a third-country national whose family members are Union citizens, to examine the consequences of that decision for the person’s family life and for the situation of the minor children concerned, where the authorities are aware of the existence of those family ties. It reiterated that they must assess if a relationship of dependency exists between the third-country national and the Union citizen family members, whether the removal decision could effectively compel the Union citizen to leave the territory of the European Union.

It further held that Article 20 TFEU, read in conjunction with Article 47 of the EU Charter of Fundamental Rights, precludes national rules preventing courts from examining a derived right of residence during return proceedings where the relevant family ties are known to the competent authorities, including where the relevant facts emerge only during the judicial stage or where the return decision follows a previous refusal of residence.

The Court also clarified that national security risks do not justify the adoption of a return decision solely on the basis of a binding and non-reasoned opinion issued by a specialised national security authority. Under Article 20 TFEU and Articles 5, 12 and 13 of Directive 2008/115, read in conjunction with Articles 7 and 24 of the Charter, the competent authorities must carry out an individual assessment of all relevant circumstances and verify that the measure complies with the principle of proportionality, including its impact on the person’s family life and the best interests of the children concerned.

Regarding classified information, the Court held that Articles 12 and 13 of Directive 2008/115, read in conjunction with Article 5 thereof, Article 20 TFEU, the principle of good administration and Article 47 of the Charter, preclude national legislation preventing a third-country national from being informed of the essence of the grounds underlying a return decision and an entry ban based on confidential information, or from using such information in administrative or judicial proceedings. It clarified that the intervention of a public prosecutor who has access to the classified material but cannot disclose it to the person concerned is not sufficient to safeguard the rights of defence and an effective remedy. However, where disclosure of these grounds would jeopardise national security, such information may be withheld, provided that the national court reviewing the decision can draw the appropriate conclusions from that refusal and ensure effective judicial review of the lawfulness of the measure.