Submission by the Office of the United Nations High Commissioner for Refugees in the case of Ilias and Ahmed v. Hungary (Application No. 47287/15) before the Grand Chamber of the European Court of Human Rights

UNHCR is concerned that asylum-seekers face serious challenges in accessing protection in Hungary in line with international and European standards, including because of the use of administrative detention and the application of the safe third country concept without the necessary safeguards. UNHCR considers that the right to seek asylum should not be hindered or applicants penalized through measures to prevent and deter irregular entry and freedom of movement, contrary to Article 31 of the 1951 Convention. UNHCR recalls that to guard against arbitrariness, any detention needs to be necessary, reasonable and proportionate.