Supreme Court: Registered Sale Deed Carries Strong Presumption of Genuineness  ||  SC: Registry Cannot Intrude Into Judiciary’s Exclusive Domain By Questioning Why a Party is Impleaded  ||  Calcutta HC: Third-Party Suits in a Deity’s Name are Allowed Only When The Sebait Loses Authority  ||  Madras HC: Encroachment on a Public Street Cannot be Allowed Even If It Has a Religious Character  ||  Karnataka HC: Bike Taxi Business Protected under Article 19(1)(G); State Can Regulate But Not Ban  ||  Allahabad HC: Not Specifying Arrest Grounds in Memo is Dereliction; Erring Cops Must be Suspended  ||  Del. HC Stresses Mandatory Legal Assistance to Preserve Fairness and Integrity of Criminal Trials  ||  Supreme Court: Delhi High Court Ruling upheld on Taekwondo National Sports Federation Recognition  ||  SC: Blockchain-Based Digitisation of Land Records Necessary to Reduce Property Document Litigation  ||  Supreme Court to NCLT : Limit Power to Decide Intellectual Property Title Disputes under IBC    

Shiraz Baig Mirza v. Bevándorlási és Állampolgársági Hivatal - (08 Mar 2016)

ECJ keeps door open for deporting asylum seekers

Human Rights

If the exodus of asylum seekers from war torn countries into Europe was not a handful, Member States of the European Union are now grasping with the modalities of returning unauthorised to ‘safe third countries’.

In the instant case , the applicant, a Pakistani national, entered Hungary from Serbia, and without authorisation left for the Czech Republic. Eventually returned by Czech authorities to Hungary, where his application for international protection was rejected as inadmissible, the Hungarians decided to send him to Serbia, the safe third country. The national court referred to the European Court of Justice a question on the conditions in which a Member State could propose sending the applicant to a safe third country, without examining the substance of the application.

The Advocate General opined thus: the applicant had not shown good faith by leaving Hungary before the procedure was complete, which was to be rightly regarded as withdrawal of application. An application for international protection could not deprive the Member State of its ‘responsibility’ of sending the applicant to a safe third country. Finally, Member States cannot be forced to continue examining applications for international protection after the same was discontinued on valid legal grounds.

Tags : PAKISTAN   SAFE THIRD COUNTRY   INTERNATIONAL PROTECTION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved