Communicated cases against Hungary (Application No. 64050/16), and Greece and the Netherlands (Application No. 52334/19)

Friday, February 21, 2020

Several cases were recently communicated against Hungary, and Greece and the Netherlands:

  • W.A and Others v Hungary (Application No. 64050/16): The case concerns the removal of the applicants from Hungary to Serbia after their requests for international protection were rejected on the basis that Serbia was a safe third country. The applicants complain that their expulsion to Serbia exposed them to a real risk of ill-treatment contrary to Article 3 ECHR because there was a risk that they would be unable to access asylum procedures and adequate reception facilities in Serbia, as well as a risk of chain refoulement. 
  • Darwesh and Others v Greece and the Netherlands (Application No. 52334/19): The applicants, a family of Syrian nationals, were granted international protection status in Greece in 2017.  They were unable to stay in their assigned accommodation in Athens and left for the Netherlands, where their application for international protection was rejected as inadmissible on the grounds that they had been granted protection status in Greece. The applicants complained that their return to Greece would expose them to a real risk of death or ill-treatment contrary to Articles 2 and 3 ECHR respectively. The family complained that this would be increasingly likely because of their particular vulnerability: one applicant suffers from a rare skin condition and the two children are under the age of three. In particular, the applicants allege that if returned to Greece, they would have no access to housing, employment, and healthcare.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.                                                    


Health (right to)
Inhuman or degrading treatment or punishment
Safe third country