Communicated cases against Norway (Application No. 569/20) and Hungary (Application No. 10940/17)

Friday, April 3, 2020
  • Alleleh and Others v Norway (Application No. 569/20): The first applicant, Ms Alleleh, is a Djibouti national. The other applicants, her partner and 4 children, are Norwegian nationals. The first applicant applied for asylum in Norway in 2001 under the pretext of being a Somali national. Her request was rejected and she later married the second applicant in 2004. It was discovered in 2015 that the first applicant had provided false information in her initial application and, as a result, the domestic authorities withdrew her Norwegian citizenship and ordered her expulsion with a ban on re-entry for 2 years. The applicants complain that the measures amount to a disproportionate interference with their respect for family life under Article 8 ECHR.
  • Hamid v Hungary (Application No. 10940/17): The applicant, an Afghan national, was apprehended by Hungarian authorities in 2016 after crossing the Serbian border. He lodged an asylum request and was also convicted of an offence relating to unauthorised border crossing. At the time when administrative proceedings were initiated, the applicant claimed to be an adult and the authorities ordered the applicant’s 72 hour asylum detention. The applicant later made a request to be transferred to an open reception facility, claiming he was actually a minor. Despite consenting to an age-assessment, the Hungarian authorities argued that due to his previous statement that he was an adult, the applicant must present documents to prove otherwise. The applicant later presented documents providing evidence that he was a minor and was subsequently released. He complains that his detention was contrary to Article 5(1) ECHR.

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.                                                




Best interest of the child
Family unity (right to)