The case was referred to the Grand Chamber by the Hungarian government following the Chamber judgment delivered on 14 March 2017. The case concerned two Bangladeshi nationals who transited through Greece, the former Yugoslav Republic of Macedonia and Serbia before reaching Hungary, where they applied for asylum. They were subsequently held in a transit zone for 23 days before they were returned to Serbia.

The Court ruled that the Hungarian authorities did not act in compliance with their duty to adequately assess the applicants’ risk of inhuman and degrading treatment in the event of return to Serbia, or by further refoulement to Greece, in violation of Article 3 ECHR. The Hungarian authorities also failed to assess administrative deficiencies to assess asylum claims in Serbia.

With regards to the applicants’ detention in the transit zone, the Court found a violation of Article 5 (1) and (4).