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S.S. and others v. Hungary – 56417/19 and 44245/20

Country Hungary
Court ECtHR
Relevant Law Article 4 of Protocol No. 4, Article 3
Year 2023
Found for Applicants

The applicants are seven Yemeni nationals who live in Vienna (Austria) and three Afghan nationals who live in Hamburg (Germany). They are two families. The case concerns the applicants’ alleged collective expulsion from Hungary to Serbia without an individualised assessment of their situation. They were stopped in Budapest International Airport in April 2019 arriving from Istanbul in the case of the Yemeni applicants (no. 56417/19), and December 2019 arriving from Dubai (United Arab Emirates) in the case of the Afghan applicants (no. 44245/20). They attempted to enter Hungary using falsified travel documents. After they had requested asylum, the Hungarian authorities removed them to Serbia. Relying on Article 4 of Protocol No. 4 (prohibition of collective expulsion of aliens) and Article 3 (prohibition of inhuman and degrading treatment) of the European Convention, the applicants complain that they were part of a collective expulsion, and that they were expelled to Serbia, which did not have an adequate asylum procedure, without an assessment of their risk of ill-treatment there. The Court found that there had been a violation of Article 4 of Protocol No. 4, and a violation of Article 3 (ill-treatment).