The Council of Europe  Division on Migration and Refugees, has issued a Frequently Asked Questions (FAQ) document explaining how the European Convention on Human Rights (ECHR) applies to migration-related issues.

According to the document, applications concerning non-nationals represent only about two per cent of all cases processed by the European Court of Human Rights over the past decade, with fewer than 300 findings of violations. It is underlined that states have the right to control the entry and stay of non-nationals, provided such measures respect fundamental protections such as the prohibition of torture and inhuman or degrading treatment or punishment (Article 3).

The text also highlights the principle of “margin of appreciation” developed by the European Court, under which national authorities are best placed to assess domestic circumstances and balance individual rights against the public interest. When national decisions are well reasoned and consider all relevant factors, the Court generally defers to them.

As regards interim measures, while the Court may apply them exceptionally to suspend removals of non-nationals, the vast majority of such requests are rejected. It also recognises the challenges faced by states especially in combating crime and terrorism, affirming that expulsions of serious offenders may be compatible with the Convention when justified and proportionate.

It is concluded that the Court’s caselaw seeks to uphold human rights protections while respecting states’ sovereign right to manage migration in line with international law.