A.X. against Serbia

European Court of Human Rights (hereinafter: the Court) is 3. July 2025. brought, and 28. August 2025. published a decision in case A.X. against Serbia, No. 57188/16.

The decision isbroughtThe three-member committee.

Circumstances Case

The applicant is a Sudanese citizen, a member of the ethnic group Tunjur, who left Sudan in September 2014. year due to persecution he was exposed to the National Intelligence and Security Agency(Niss) Due to the alleged connection With rebel gholes acting in the city of Al-Fašir, the capital of Northern Darfur.

After leaving Sudan, the Applicant passed through Turkey, Greece and Macedonia (today Northern Macedonia), after which he came to Serbia and expressed intention to seek asylum. Serbia was the first country in which the applicant requested asylum. On 25. November 2014. The applicant filed a request for asylum.

The Asylum Office was 30. April 2015 held an oral discussion at which the applicant pointed out that he had spent approximately 15 times since the Sudanese Secret Service, that he spent several days in custody and was beaten. The Sudanese authorities considered that the Applicant maintains contacts and provides information to the rebel groups and was therefore persecuted. Also, the Applicant claimed that he was disabled for asylum in Turkey and Greece, until he was tried in Macedonia as he was afraid to leave the group led by the smuggler, and he moved with.

Asylum Office is 14. May 2015 rejected the applicant's request given that it was assessed that the third country, Northern Macedonia came to the Republic of Serbia. The Applicant told Appeal 5. June 2015. On the first instance decision, the Asylum Commission decided on Decision of 23. September 2015, so that the first instance decision of the asylum office was annulled and returned to the re-procedure.

After maintaining a new oral debate 25. November 2015. The applicant reiterated that asylum has not submitted from other people with whom the Macedonian police were known for the abuse of refugees and migrants, as well as that the local population often beats them and robbery.

The Asylum Office is 9. December 2015. year, claiming the applicant to be considered a secure third country in accordance with the decision of the Macedonia's mentioned state that the said state was not encountered during his stay in Macedonia. The applicant was ordered to voluntarily leave the territory of the Republic of Serbia within three days from the day of the final solution.

The Asylum Commission is 12. April 2016. confirmed the first instance solution of the asylum office.

The applicant was then submitted to the lawsuit against the decision of the Asylum Commission to the Administrative Court, which was dated 2. September 2016. passed the verdict to reject and confirm attitudes in the explanation of the second instance solution.

Finally, the applicant was 3rd of October 2016 years submitted a proposal for the issuance of a temporary measure adopted later - 4. October 2016. years ordered to the Republic of Serbia to refrain from the applicant's deportation procedure before the court before the court.

The applicant is 23. October 2016. stated the Constitutional Court constitutional complaint.

Complaints Applicant and Before Court Procedures

The applicant submitted to the apparent of the Court 3. October 2016 years.

In the representations, under Article 3 Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to in Macedonia, it would be exposed to serious risk from the proceedings of Article 3. Convention, as well as the risk of chain expulsion in Greece, and then in Turkey and finally in Sudan. The Applicant also claimed that he would be deprived of adequate accommodation in Macedonia, and to be exposed to inhuman and degrading treatment due to conditions in the center or reception center or possible defects of liberty in Niche (border crossing Tabanovci - Miratovac).

The applicant also complained about the law of the right to the legal remedy from Article 13. Convention, considering that it has not had adequate legal funds in terms of determining refugee status due to the application of a secure third state concept by the competent authorities of the Republic of Serbia.

Decision Court

The government is 15. January 2025. year informed the Court of May 4, 2023. approved a temporary residence permit in Serbia for humanitarian reasons and that the permit was valid until 24. January 2024. years. Year. The government pointed out that the applicant did not seek extension of the license after it expired and had left his last known residence in the Republic of Serbia in May 2023. years.

The Court notice was notified by the applicant to the legal representative of the applicant to submit his comments on the allegations of the Government, if there were no comments not received in the set deadline, nor in an earnestly extended period.

Also, the Court also sent a letter to the applicant, which requested a notice of whether he maintained contact with the applicant and whether the applicant wants to continue the treatment of his case, but the answer to the Court was not delivered.

Finally, the Court informed the applicant's proxy that the deadline for submission of the information was held Expired and the extension of the deadline was not requested. Nor did this letter of court been answered.

Considering the above, and in the absence of any special circumstances regarding the rights guaranteed by the Convention and Protocols, in accordance with Article 37, paragraph 1 (a) of the Convention, occupied the position that it is no longer justified to continue examining the application.

Consequently, the Court assessed that a pre-determined temporary measure was pointless and made a decision to delete the application from his case list.