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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Court of Human Rights [ECHR]
Date of decision : 02/04/2019
Type : Judgment
ECLI : ECLI:CE:ECHR:2019:0402JUD006267616
Case Number/Citation/ Document Symbol : 62676/16

Aboya Boa Jean vs Malta

According ECHR Press Release: The applicant, Serge Aboya Boa Jean, is a national of the Ivory Coast who was born in 1978. The case concerned his immigration detention in Safi Barracks detention centre in Malta for two months in 2016. Mr Aboya Boa Jean arrived in Malta by plane in September 2016. Presenting his national passport, he told the immigration authorities that he was recognised as a refugee in Armenia and intended to seek asylum in Malta. He was however denied entry and placed in immigration detention on the ground that he might abscond before the authorities could examine his asylum application. In October 2016 the immigration Appeals Board confirmed the legality of his detention, specifying that his refugee status in Armenia had not yet been determined and that he had been found in possession of a travel ticket for Italy and a forged Italian passport. Within the same month, other courts also upheld the legality of his detention. He was released from immigration detention on 8 November 2016, and had to report to a police station daily. Relying on Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights, Mr Aboya Boa Jean alleged that his detention had beenunlawful and arbitrary. Further relying on Article 5 § 4 (right to have lawfulness of detention decided speedily by a court), he also alleged that the remedy available to him to challenge his detention had not been speedy or effective. The Court held that there was no violation

Detention/ Alternatives to Detention;

European Convention on Human Rights; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;

EASO IDS

Council of Europe,CoE: European Court of Human Rights [ECHR], Aboya Boa Jean vs Malta, 02/04/2019, ECLI:CE:ECHR:2019:0402JUD006267616
ECHR rules on detention pending asylum proceedings

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=663