CASE OF W.A. AND OTHERS v. HUNGARY (no. 64050/16)
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What was at stake
Whether the applicants' expulsion to Serbia would expose them to a real risk of treatment contrary to Article 3.
What happened
The applicants, a group of individuals from Afghanistan and Iran, were detained in Hungary and faced expulsion to Serbia. They argued that their removal would expose them to a real risk of inhuman or degrading treatment due to the conditions in Serbia, where they would not have access to adequate asylum procedures or protection.
What the court decided
The Court found that the applicants' removal to Serbia would breach the absolute prohibition of torture and inhuman or degrading treatment under Article 3.
How the court got there
The Court determined that the applicants would face a significant risk of being subjected to inhuman or degrading treatment if expelled to Serbia, particularly given the country's inadequate asylum system and the treatment of migrants. This risk was deemed sufficient to invoke the protection under Article 3, leading to the conclusion that their removal would violate this provision.
Statutes and cases cited
- § Refugee Convention art. 33
- Plaintiff M70/2011 v Minister
Categories
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