A.A., an Afghan national, who submitted an application for international protection in Hungary on 15 September 2015, was placed in detention the next day with the justification that his identity needed to be clarified, that he lacked financial resources and connections in Hungary, and that there was a risk of absconding. He also mentioned that he was on his way to Finland. He was granted a residence permit on humanitarian grounds for duration of the asylum proceedings.

On 18 September 2015, the Debrecen District Court confirmed his detention. The applicant repeatedly complained about the poor detention conditions and the state of health. On 11 February 2016, the asylum authority terminated the detention and the applicant was accommodated in an open reception facility.

Before the ECtHR, the applicant complained about a violation of Article 5(1) of the Convention for being held in detention from 16 September 2015 to 11 February 2016.

The court noted the similarities between this case and the cases of O.M. v Hungary (No 9912/15, 5 July 2016), Dshijri v Hungary (23 February 2023) where the Court found violations of Article 5(1). It noted that, pursuant to the Asylum Act, detention could not be ordered based solely on the fact that the person submitted an application for international protection but only based on an individual assessment for the purpose of conducting the asylum procedure or securing a Dublin transfer when other measures could not ensure the person’s availability.

The court further noted that in this case there was no indication that the applicant failed to cooperate with the Hungarian authorities and that the prolongation of detention was based repeatedly on the same reasons insufficiently individualised.

Thus, the court concluded that there was a violation of Article 5(1) of the Convention regarding the applicant’s detention from 16 September 2015 to 11 February 2016.