M.H. against Serbia
European Court of Human Rights (hereinafter: the Court) is 4. September 2025. brought, and 25. September 2025. published a decision in caseM.H. against Serbia, No. 62410/17.
The decision isbroughtThe three-member committee.
The case refers to the alleged exposure to the applicant to the risk of treating the opposite member 3. Convention in case of return in (northern) Macedonia, as well as the risk of chain expulsion in Greece, and then to Turkey and finally in Syria. |
Circumstances Case
The applicant 6. January 2016. left his country (Syria), a few days after he turned 18 and after he was at risk of mandatory military mobilization. In the representations pointed out that he was faced with a risk of persecution on religious grounds, given that Sufi, that his house was destroyed and that his uncle was killed by the Free Syrian army. He also pointed out that his father left Syria for fear for his life and had international protection at the said grounds.
After transit through Turkey, Greece and (Northern) Macedonia, the applicant entered Serbia for the first time in February 2016. years. He then tried unsuccessfully to join Croatia, after which he was expelled south. On 29. April 2016. He initiated a procedure for asylum in Hungary, after which he was informally expelled in Serbia 10. May 2016
The applicant expressed intention to seek asylum 19. May 2016. In June 2016, it was heard 27. July 2016. years and asylum Office. In September 2016. rejected his request, with the application of the principle of safe third country. In its presentation of facts, the Court marked the reasoning of the decision in question as very short, in which Macedonia was found in the list of third countries determined by the decision of the Government of the Republic of Serbia from 17. August 2009. years. Years. Years. The Asylum Office also relied to the European Commission's Progress Report to which in 2014. in Macedonia, international protection was approved in relation to 70 people.
The applicant is before the Asylum Commission. September 2016. said the complaint against the subject Solution of the Asylum Office. He filed numerous reports and documents to prove that Macedonia could not be considered a safe third country. The term of office of members of the Asylum Commission expired on the same day.
As the Asylum Commission did not decide on the appeal within 60 days and since there was no indication if it could be constituted again, the applicant 6. In December 2016. submitted a lawsuit to the administrative court for "administrative's silence".
The administrative court is 27. July 2017. rejected his lawsuit, bearing in mind that, in the meantime, asylum commission brought a decision on appeal.
The applicant is 18. July 2017. years against the decision of the Asylum Commission, submitted a new lawsuit to the administrative court. The Administrative Court is by the verdict in. 11055/17 of 29. September 2017. rejected his lawsuit, with the explanation that administrative authorities properly applied the home law, including the rules on the concept of a safe third country. It was stated that it was crucial to the fact that the Government of the Republic of Serbia included Macedonia to the list of secure third countries. It was concluded that The applicant did not proved that Macedonia was not a safe third country in his case. This decision became final and executive 17. November 2017 years.
Police Administration for the City of Belgrade - The Administration for Foreignance is a decision 03/16/5/2 no. 26.2-2-660 / 17 of 23. October 2017 Canceled the accommodation of the applicant in the Republic of Serbia.
The applicant is 14. November 2017. stated the Constitutional Court constitutional complaint.
Complaints Applicant and Before Court Procedures
The applicant submitted to the court 23. October 2017 years.
In the representations, according to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in case of return to Macedonia, the prohibition of torture and inhuman treatment and risk of chain expulsion in Greece, then in Turkey and eventually in Syria.
The applicant pointed out that in Macedonia would not have access to the procedure for obtaining asylum, bearing in mind that Serbia did not obtain guarantees in that regard. Furthermore, he pointed out that he would be deprived of adequate accommodation, food and health care, as well as threatening the risk of abuse by the Macedonian police due to conditions in custody or asylum from Serbia and Macedonia (Tabanovci - Miratovac).
Finally, the applicant also complained about the violation of the right to an effective remedy from Article 13 of the Convention.
Decision Court
The parties informed the court that the Applicant's expulsion order was annulled in April 2019. years. The applicant's proxy also informed that the Applicant was 7. March 2025. A temporary residence permit and work for humanitarian reasons, valid until 29. August 2025. Such permission may be renewed up to three years according to the relevant provisions of the Law on Foreigners from 2018. Years.
Given that the applicant has been approved by a temporary residence and work permit, which can be renewed that the court no longer exists that the applicant is expelled from Serbia, and that the case was resolved at the domestic level.
In view of the above,The Court assessed that the pre-determined temporary measure is pointless, and is,in accordance with the provision of Article 37. Attitude 1. (b) the Convention decided to delete the application from his case list.