Communicated on 13 November 2017

FOURTH SECTION

Application no. 12625/17 Shahzad KHURRAM against Hungary lodged on 10 February 2017

SUBJECT MATTER OF THE CASE

The application concerns the expulsion of an irregular migrant from Hungary to Serbia without the examination of his personal circumstances and his arguments against the measure. In August 2016 the applicant, a Pakistani citizen, clandestinely crossed the border fence between Hungary and Serbia as a member of a group of approximately ten persons, but they were apprehended on a corn field by the police. Without establishing their identity or paying heed to their requests for asylum, and without any formal judicial or administrative decision, the police immediately transported them back to the border fence where they were expulsed to Serbia through a gate on the fence. Allegedly, on the other side of the fence, a group of Hungarian police officers waited for them and ill-treated the expulsed persons. The applicant was subsequently subject to chain- refoulement to Pakistan via the Former Yugoslav Republic of Macedonia.

QUESTIONS tO THE PARTIES

1. Was the applicant, an alien in the respondent State, expelled as part of a collective measure, in breach of Article 4 of Protocol No. 4?

2. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 4 of Protocol No. 4, as required by Article 13 of the Convention?