Case summaries
ECtHR - Hendrin Ali Said and Aras Ali Said v. Hungary, Application No. 13457/11
Country of applicant:
Iraq
Keywords:
Detention, Effective remedy (right to)
The case concerned complaints under Article 5 § 1 by asylum
seekers staying at the Debrecen Reception Centre for Refugees (Hungary) about the unlawfulness of their detention – without effective judicial review – pending the outcome of their asylum claims.
Date of decision:
23-10-2012
Relevant International and European Legislation:
Art 18,Art 32,Art 33,Art 31,Article 7,4.,Article 5,Article 41
ECtHR - Al-Tayyar Abdelhakim v. Hungary, Application No. 13058/11
Country of applicant:
Lebanon, Palestinian Territory
Keywords:
Detention, Effective remedy (right to)
The case concerns an asylum seeker’s complaint under Article 5(1) about the unlawfulness of his detention without effective judicial review, pending the outcome of his asylum claim.
Date of decision:
23-10-2012
Relevant International and European Legislation:
Art 18,Art 32,Art 33,Art 31,Article 7,4.,Article 5,Article 31
Czech Republic - Supreme Administrative Court, 15 April 2009, K.K. v Ministry of Interior, 1 As 12/2009-61
Country of applicant:
Afghanistan
Keywords:
Detention, Procedural guarantees
When a decision on detention is being made it is necessary to consider if the person is a refugee (asylum seeker) and subsequently if expulsion is feasible, and therefore the only permissible purpose of detention.
Date of decision:
15-04-2009
Relevant International and European Legislation:
1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 6.2,Art 18,Art 31,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,4.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Art 5.4