Strategic litigation, searchable.
220 cases across 14 issue areas. Filter by topic, outcome, or precedent strength. Each profile is a starting point for adaptation, not a finishing line.
- Ireland· 2010
Ireland - High Court, 14 January 2010, Obuseh v Minister for Justice, Equality and Law Reform [2010] IEHC 93
EDAL summary. This case concerned the appropriate manner in which an application for subsidiary protection is to be decided where there may be at least an implicit claim of a “serious and individual threat” to the...
refugeeasylum - Ireland· 2010
Ireland - High Court, 23 November 2010, S & Anor v Refugee Applications Commissioner & Anor 2010 IEHC 421
EDAL summary. This case concerned a decision of the Office of the Refugee Applications Commissioner to refuse to process the asylum applications of two nationals of Azerbaijan, with refugee status in Poland. The ap...
refugeeasylum - Ireland· 2010
Ireland - High Court, 28 September 2010, R.M.K. (DRC) v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform 2010 IEHC 367
EDAL summary. This case concerned the consideration of expert medical evidence by asylum decision makers and the link with the assessment of credibility. The Court found that the Refugee Appeals Tribunal failed ade...
refugeeasylum - France· 2010
France - Council of State, 16 June 2010, Ms. A., n°340250
EDAL summary. French legislative provisions concerning the non suspensive effect of the judicial remedy under the accelerated procedure are not manifestly incompatible with the Asylum Procedures Directive and the R...
refugeeasylum - Sweden· 2010
Sweden - Migration Court of Appeal, 6 September 2010, UM 8098-09
EDAL summary. The right to family life can outweigh the ‘state responsibility’ criteria in the Dublin II Regulation. The Court held that the application for asylum should be processed in Sweden, in order to secure...
refugeeasylum - UK· 2010
UK - Court of Appeal, 18 June 2010, FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696
EDAL summary. In UK domestic law, if a person has made a claim for asylum but his claim has been rejected by the Secretary of State, but he has been given leave to enter or remain in the United Kingdom for over a y...
refugeeasylum - UK· 2010
UK - House of Lords, 11 October 2010, R (Bagdanavicius) v Secretary of State for the Home Department (UKHL) [2005] UKHL 38
EDAL summary. The House of Lords confirmed that in addition to establishing a real risk of harm, the applicant would also have to show that their state has failed to provide reasonable protection.
refugeeasylum - UK· 2010
UK - Supreme Court, 22 November 2010, MA (Somalia) v Secretary of State for the Home Department [2010] UKSC 49
EDAL summary. Where an applicant's account is rejected as incredible, his or her claim will only succeed where there is undisputed objective evidence which goes a long way towards showing that the applicant is none...
refugeeasylum - UK· 2010
UK - Upper Tribunal, 11 November 2010, AW (sufficiency of protection) Pakistan [2011] UKUT 31(IAC)
EDAL summary. In assessing state protection, a judge must look, notwithstanding a general sufficiency of protection in a country, to the individual circumstances of the applicant. In assessing whether an appellant’...
refugeeasylum - France· 2010
France - Council of State, 10 December 2010, Cimade and others, n° 326704
EDAL summary. The transposition of the Asylum Procedures Directive (APD) in French legislation is incomplete on certain aspects (provision of information to applicants for asylum; access to the report of the person...
refugeeasylum - France· 2010
France - Council of State, 7 April 2010, Mr. B., n°319840
EDAL summary. Before applying the exclusion clause in a case of complicity in an honour killing, the Court should inquire whether, on the one hand family constraint might have lowered the free will of the applicant...
refugeeasylum - UK· 2010
UK - Court of Appeal, 25 February 2010, MK (Iran), R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 115
EDAL summary. No liability in damages in EU Law under Art 16(1)(b) of the Dublin Regulation arose from the failure to promptly examine an application for asylum where the United Kingdom accepted responsibility for...
refugeeasylum - France· 2010
France - Council of State, 14 June 2010, OFPRA c/ M. A., n°323669
EDAL summary. The involvement in a State regular police force does not constitute, in itself, the expression of political opinions or the membership of a particular social group.
refugeeasylum - France· 2009
France - CNDA, 30 October 2009, M.P., n°640035/08020515
EDAL summary. The practices used by the authorities of a given country in order to exclude some citizens, members of a minority, from nationality can be considered as persecution since they are linked to one of the...
refugeeasylum - France· 2009
France - CNDA, 28 July 2009, Miss D., n°632210/08016675
EDAL summary. In countries where there is a high prevalence of female genital mutilation (FGM), persons who have demonstrated that they oppose this practice have thus infringed the customary norms of their country...
refugeeasylum - Hungary· 2009
Hungary - Metropolitan Court, 15 October 2009, I.A.Z. v. Office of Immigration and Nationality, 21.K.31555/2009/6
EDAL summary. The decision of the asylum authority was annulled on the basis that there was insufficient evidence that an internal protection alternative existed.
refugeeasylum - Hungary· 2009
Hungary - Metropolitan Court, 2 July 2009, K.A.F v. Office of Immigration and Nationality, 15.K.30.401/2009/12
EDAL summary. The case concerned an appeal against a refusal to grant refugee status on the grounds that the applicant lacked credibility as the country of origin information (COI) submitted by the applicant was no...
refugeeasylum - France· 2009
France - CNDA, 9 June 2009, Mr. H., n°639474/08019905
EDAL summary. The situation which prevails today in Mogadishu must be seen as a situation of generalised violence resulting from a situation of internal armed conflict. Its intensity is sufficient to consider that...
refugeeasylum - France· 2009
France - Council of State, 3 July 2009, Ofpra vs. Mr. A., n°320295
EDAL summary. The requirement of an individualisation of the threat to the life or person of an applicant for subsidiary protection is inversely proportional to the degree of indiscriminate violence which character...
refugeeasylum - France· 2009
France - CNDA, 12 March 2009, Miss K, n°639908 and Ms. D., n°638891
EDAL summary. Children who were born in France and who claim a fear of persecution because they refuse to be subjected to female genital mutilation (FGM) in their country of origin fall within the scope of subsidia...
refugeeasylum