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18/01/2024
The ECtHR found that the applicant, an unaccompanied minor, was subject to collective expulsion from Hungary to Serbia in June 2017 and that his status of person in a situation of extreme vulnerability should have taken precedence over the status of irregular migrant.

ECLI
ECLI:CE:ECHR:2024:0118JUD008247917
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], K.P. v Hungary, No 82479/17 , ECLI:CE:ECHR:2024:0118JUD008247917, 18 January 2024. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4008
Case history
Other information

Council of Europe, European Court of Human Rights [ECtHR], Shahzad v Hungary, No 12625/17, 08 July 2021. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

The case concerned an applicant who complained of his removal from Hungary to Serbia and alleged a violation of Article 4 of Protocol 4 and Article 13 of the Convention.


The applicant entered irregularly from Romania to Hungary on 1 June 2017, then to Austria, where the latter police handed him over to the Hungarian authorities who detained him along with two adult men. He was 16 years old when the events happened. During the interview he expressed the wish to apply for asylum. On 5 June 2017, together with two men, the applicant was transported to the border fence by the Hungarian officers and made to go towards Serbia.


The court found a violation of Article 4 of Protocol 4 (prohibition of collective expulsion) and stated that the removal of the applicant was carried out by means of the same procedure as in the Shahzad case, in particular without any decision or examination of his situation. The court added that the applicant was an unaccompanied minor at the time of the events and therefore in a situation of extreme vulnerability, a factor which takes precedence over the status of irregular migrant.


As for Article 13 of the Convention, the court rejected the claim as time barred.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
No 82479/17
Date of Decision
18/01/2024
Country of Origin
Iraq
Keywords
Return/Removal/Deportation
Unaccompanied minors
Vulnerable Group
Source
HUDOC