W.A. v. HUNGARY and 2 other applications
Doc ref: 64050/16;64558/16;66064/16 • ECHR ID: 001-201502
Document date: January 31, 2020
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Communicated on 31 January 2020 Published on 17 February 2020
FOURTH SECTION
Application no. 64050/16 W.A. against Hungary and 2 other applications (see list appended)
SUBJECT MATTER OF THE CASE
The applications concern the applicants ’ removal to Serbia, following the rejection of their asylum requests as inadmissible on the grounds that Serbia was to be considered a “safe third country”.
The applicants complain that their expulsion to Serbia took place as a result of a flawed asylum procedure and exposed them to a real risk of treatment contrary to Article 3 of the Convention, because (a) there was a risk that they would not be allowed access to an asylum procedure in Serbia, (b) there was a risk of chain- refoulement , and (c) there was no prospect of access to adequate reception facilities. They also complain under Article 13 of the Convention in conjunction with Article 3 that the domestic remedies concerning their expulsion were ineffective.
QUESTION TO THE PARTIES
Did the Hungarian authorities ’ decision to consider Serbia as a “safe third country” and to order the applicants ’ expulsion towards that country expose them to a risk of being subjected to treatment in breach of Article 3 of the Convention (see Ilias and Ahmed v. Hungary [GC], no. 47287/15, §§ 163-164, 21 November 2019)?
APPENDIX
No.
Application no.
Case name
Lodged on
Represented by
1
64050/16
W.A. v. Hungary
02/11/2016
Barbara POHÁRNOK
2
64558/16
M.C. v. Hungary
04/11/2016
Barbara POHÁRNOK
3
66064/16
M.H. v. Hungary
04/11/2016
Barbara POHÁRNOK