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17/11/2025
HU: The Budapest Regional Court upheld the rejection of international protection for a Turkmen national of Russian ethnicity who claimed a risk of serious harm due to compulsory military service in Turkmenistan, poor detention conditions in case of service refusal, discrimination based on Russian ethnicity, and fear of reprisals for critical views of the Turkmen authorities.
17/11/2025
HU: The Budapest Regional Court upheld the rejection of international protection for a Turkmen national of Russian ethnicity who claimed a risk of serious harm due to compulsory military service in Turkmenistan, poor detention conditions in case of service refusal, discrimination based on Russian ethnicity, and fear of reprisals for critical views of the Turkmen authorities.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Source
Other Source/Information
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Hungary, Budapest District Court [hu. Fővárosi Törvényszék], Applicant v National Directorate-General for Aliens Policing (Országos Idegenrendészeti Főigazgatóság‚ NDGAP), 14.K.703.145/2025, 17 November 2025. 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=5794
Case history
Other information
Abstract

According to the summary provided by the EUAA Courts and Tribunals Network:


"The applicant, a Turkmen national of Russian ethnicity, applied for international protection in Hungary, claiming a risk of serious harm due to compulsory military service in Turkmenistan, poor detention conditions in case of service refusal, discrimination based on Russian ethnicity, and fear of reprisals for critical views of the Turkmen authorities. He had lived in Hungary since childhood and maintained strong personal and family ties to the country.


The asylum authority rejected the application for refugee status and subsidiary protection, established the absence of a prohibition of refoulement, and ordered the applicant’s expulsion and removal. The Budapest Regional Court upheld the rejection of international protection and found that neither the applicant’s political views, ethnicity, nor military service obligations met the requirements for refugee or subsidiary protection under Hungarian and EU law.


However, the Court annulled the decision regarding expulsion and related measures. It held that the authority had failed to carry out a proper assessment of the applicant’s personal and family circumstances, as required by EU law and CJEU case law, before ordering expulsion. The case was remitted to the authority for a new procedure limited to the assessment of expulsion."


Country of Decision
Hungary
Court Name
HU: Budapest District Court [hu. Fővárosi Törvényszék]
Case Number
14.K.703.145/2025
Date of Decision
17/11/2025
Country of Origin
Turkmenistan
Keywords
Ethnicity/race
Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription
Return/Removal/Deportation
Original Documents