Strategic litigation, searchable.
195 cases across 14 issue areas. Filter by topic, outcome, or precedent strength. Each profile is a starting point for adaptation, not a finishing line.
- Hungary· 2010
Hungary - Metropolitan Court, 28 December 2010, A.M. v. Office of Immigration and Nationality, 15.K.34.141/2009/12
EDAL summary. Country of origin information can verify a situation in which the risk of persecution can exceptionally be considered to be proved without substantiating the personal circumstances of the applicant. T...
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 - 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 - Ireland· 2010
Ireland - High Court, 5 February 2010, S.O. (a minor) v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform [2010] IEHC 151
EDAL summary. This case concerned the treatment of evidence from unaccompanied minors. The applicant was an unaccompanied minor from Afghanistan. He claimed asylum on the basis of a fear of persecution both by the...
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 - 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 - 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 - 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, 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 - Ireland· 2009
Ireland - High Court, 9 December 2009, A.S.O v Refugee Appeals Tribunal and Minister for Justice Equality and Law Reform [2009] IEHC 607
EDAL summary. This case concerned the refusal of a Refugee appeal on the basis that Sate protection was available and/or that the applicant could relocate within Nigeria and avoid persecution. In support of the fi...
refugeeasylum - Ireland· 2009
Ireland - High Court, 15 October 2009, G.O.I v Minister for Justice, Equality and Law Reform & Refugee Applications Commissioner [2009] IEHC 463
EDAL summary. This case concerned the interpretation of Article 4.3 of the Qualification Directive and the nature of the assessment of the facts and circumstances of a refugee application that should take place. Th...
refugeeasylum - Hungary· 2009
Hungary - Metropolitan Court, 30 September 2009, D.T. v. Office of Immigration and Nationality 17.K.33.301/2008/15
EDAL summary. Subsidiary protection can be granted if on return to their country of origin an applicant would face a real risk of torture, inhuman or degrading treatment or punishment. The question at issue was whe...
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 - 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 - 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 - Council of State, 15 May 2009, Miss K., n°292564
EDAL summary. As soon as one persecution ground (in this case religion) exists and the other conditions for qualifying for refugee status are fulfilled, refugee status must be recognised rather than subsidiary prot...
refugeeasylum - Hungary· 2009
Hungary - Metropolitan Court, 23 September 2009, M.A.A. v. Office of Immigration and Nationality, 21.K.31484/2009/6
EDAL summary. The Office of Immigration and Nationality (OIN) found the applicant not credible and therefore did not assess the risk of serious harm. Instead the OIN granted protection against refoulement. The Metr...
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 - CNDA, 7 July 2009, Mr. C., n°634565
EDAL summary. Homosexuals in Tunisia, even those that do not proclaim or overtly demonstrate their sexual orientation, can be considered as constituting a specific and sufficiently identifiable whole so as to form...
refugeeasylum - France· 2009
France - CNDA, 6 July 2009, Ms. D., n°635611/08016081
EDAL summary. A woman having undergone female genital mutilation FGM, who benefitted from reconstructive surgery in France, an act considered as an infringement of Guinean customs despite its official ban, must be...
refugeeasylum