A.A., an Algerian national, who expressed his wish to apply for asylum before the Office of Immigration and Nationality (OIN), was placed in detention 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 was granted a residence permit on humanitarian grounds for duration of the asylum proceedings. On 8 June 2014 the Debrecen District Court prolonged his detention until 4 August 2014 and was released on 1 August 2014, with an obligation to report regularly to the authorities and to reside at a designated address. On 11 November 2014, his application for asylum was dismissed.

Before the ECtHR, the applicant complained about a violation of Article 5(1) of the Convention for being held in detention from 6 June to 1 August 2014.

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. It further noted that the applicant had provided a birth certificate whose authenticity was not questioned. The court further added that the fact that the applicant arrived in Hungary unlawfully could not in itself justify the asylum detention also considering that he was provided a special residence permit.

Thus, the court concluded that there was a violation of Article 5(1) of the Convention regarding the applicant’s detention from 6 June to 1 August 2014.