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R.N. v Hungary – 71/18

Country Hungary
Status FINAL
Court ECtHR
Relevant Law Article 13, Article 4 Protocol 4
Year 2023
Found for Applicant

The case concerned a Pakistani national who was an unaccompanied minor, who was removed from Hungary to Serbia along with 10 other migrants. The applicant complained that he was part of a collective expulsion and that there was no effective remedy available to him. The removal was based on the Hungarian State Borders Act. The Court found that there had been a violation of Article 4 of Protocol no.4, and of Article 13, due to the fact that at the time of the applicant’s removal the procedure for legal entry available to him had not been effective. The Court also concluded that the removal was collective in nature. Finally, the Court considered that at the time of his removal the applicant was an unaccompanied minor, and therefore in a situation of extreme vulnerability. It had previously been emphasised in the context of Article 3 that this factor should take precedence over considerations relating to his or her status as an irregular migrant.