Case-law Archives | Page 24 of 33 | International Commission of Jurists

R.R. and Others v. Hungary, ECtHR, Application no. 36037/17, Judgment of 2 March 2021

Sep 5, 2022

Keeping asylum-seeking family in the transit zone amounts to detention in breach of Articles 5(1) and 5(4). Significant case, as the Court finally joined the broad consensus regarding the nature of placement in the Hungarian transit zones, contrary to the findings in...

Administrative Court of Sofia, Decision No. 4182, 24 June 2021

Sep 5, 2022

The Court concluded that a child born in Bulgaria, who is fully integrated in the community cannot be returned to his country of origin together with his mother, where he will be at risk of being persecuted under Article 9, para 1 in relation to para 2, item f of...

Supreme Administrative Court of the Republic of Bulgaria, Case No. 8941/2019, Judgment No. 1277, 27 January 2020

Sep 5, 2022

The administrative body had discussed only the mother’s refugee story, without providing reasoning for its decision to refuse status to her children. The Court concludes that the administrative body did not respect and protect the best interests of the children:...

Supreme Administrative Court of the Republic of Bulgaria, Case No. 10453/2019, Judgment No. 75, 6 January 2020

Sep 5, 2022

The court repealed the order for immigration detention of a mother and her child. The detention order did not contain reasoning as to the exceptionality of the situation that required detention and the administrative body had made no assessment to protect the...

Supreme Administrative Court of the Republic of Bulgaria, Case No. 790/2018, Judgment No. 7985, 28 May 2019

Sep 5, 2022

The court found a violation of the child’s right to legal aid envisaged in the Child Protection Act. The asylum authorities presented no evidence that the child received any information about his right to receive free legal aid, nor was he informed about the...