The European Court of Justice (TEU) ruled Thursday that Hungary illegally detains asylum seekers in the transit area of its southern border with Serbia, and has asked for the release of people as their detention violates EU law.
The ruling examines in particular the case of Afghan and Iranian citizens who are initially forced to stay in a transit area on the Serbian-Hungarian border that is reserved for asylum seekers, and then relocated to another area reserved for third-country nationals whose applications for protection have been made have been rejected internationally where they are today.
The applicants came to this situation after they were refused asylum in Hungary and after the Serbian authorities refused to reinstate them when they were deported across the border.
“Deprivation of liberty”
The Luxembourg-based court ruled that the retention of these people in the transition zone at the Röszke border crossing should be regarded as a measure of detention. For the court, this means a “deprivation of liberty”, among other things because those affected cannot leave this area voluntarily. The ruling reminds them that they would be subject to sanctions when entering the Serbian zone and could lose any chance of refugee status.