Written Submissions on behalf of the Dutch Council for Refugees, ECRE and the International Commission of Jurists in the case of Ilias and Ahmed v. Hungary (Application No 47287/15) before the European Court of Human Rights

The interveners submit that in light of well-established principles of international law and this Court’s settled case law, a removal that exposes an applicant to the risk of refoulement and deprives them of protections under international and EU law, is prohibited regardless of whether the decision was taken on the basis of the safe third country concept or the country was included in a “safe third country” list by the removing Contracting Party. International law requires, inter alia, a rigorous scrutiny of the applicant’s arguable claim of potential prohibited treatment, access to an effective remedy following a negative decision, and access to the rights under Articles 2- 34 of the Refugee Convention, where the applicant is entitled to those rights.