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W.A. and Others v Hungary – 64050/16, 64558/16 and 66064/16

Country Hungary
Status FINAL
Court ECtHR
Relevant Law Article 3, 13
Year 2022
Found for Applicants (Joined applications)

This case concerns the applicants’ removal to Serbia, after being denied their asylum request in Hungary. They complained that there was no access to adequate reception procedures, and that there was a risk of chain refoulement with their removal to Serbia. The Court concluded that the respondent State failed to discharge its procedural obligation under Article 3 of the Convention to assess the risks of treatment contrary to that provision before removing the applicants from Hungary. This made it unnecessary for the Court to examine whether Article 3 was breached on the additional ground that the Hungarian authorities allegedly failed to assess whether the applicants would run a risk of being denied adequate reception conditions in Serbia. The Court therefore found a violation of Article 3 under its procedural limb.