Strategic litigation, searchable.
239 cases across 14 issue areas. Filter by topic, outcome, or precedent strength. Each profile is a starting point for adaptation, not a finishing line.
- Hong Kong· 2013· Hong Kong Court of Final AppealfavorableHigh precedent
C v Director of Immigration [2013] HKCFA 21; (2013) 16 HKCFAR 280 (FACV 18-20/2011)
Whether the duty to assess risk before removal extends beyond torture to a well-founded fear of persecution, when UNHCR (not the government) conducts refugee status determination in Hong Kong.
refugeeasylumnon-refoulementtorture (CAT) - Hong Kong· 2012· Hong Kong Court of Final AppealfavorableHigh precedent
Ubamaka Edward Wilson v Secretary for Security (2012) 15 HKCFAR 743; [2012] HKCFA 87
Whether the protection against torture and cruel, inhuman or degrading treatment (article 3 of the Bill of Rights Ordinance, reflecting ICCPR article 7) is absolute, and whether the Director must assess that risk before removal.
refugeeasylumnon-refoulementtorture (CAT) - European Court of Human Rights· 2012· ECtHR (Grand Chamber)favorableHigh precedent
Hirsi Jamaa and Others v Italy (GC), App No 27765/09
High-seas pushbacks; extraterritorial jurisdiction; collective expulsion
asylumcollective-expulsionextraterritorial-jurisdictionpushbacksrefugee - UK· 2011
UK - Court of Appeal, 22 March 2011, DS (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 305
EDAL summary. The Court of Appeal concluded that the Tribunal must make a best interest of the child determination in considering an asylum appeal made by an unaccompanied minor. Further, that although the Secretar...
refugeeasylum - Ireland· 2011
Ireland - High Court, 9 February 2011, H. I. D. (a minor) & Anor v Refugee Applications Commissioner & Ors [2011] IEHC 33
EDAL summary. The cases concerned two important issues: whether the processing of the refugee applications had been unlawfully accelerated or prioritised on the basis that the applicants were Nigerian, and whether...
refugeeasylum - Czech Republic· 2011
Czech Republic - Supreme Administrative Court, 23 March 2011, J.S.A. v. Ministry of Interior, 6 Azs 40/2010-70
EDAL summary. The case concerned an appeal against a decision of the Ministry of Interior (MOI) to refuse a claim for subsidiary protection status on the grounds that the applicant was excluded as a result of his a...
refugeeasylum - European Court of Human Rights· 2011· ECtHR (Grand Chamber)favorableHigh precedent
M.S.S. v Belgium and Greece (GC), App No 30696/09
Dublin transfer to Greece; reception & detention conditions; effective remedy
asylumdetention-conditionsdublin-transferseffective-remedyrefugee - Ireland· 2011
Ireland - High Court, 18 May 2011, M.M.v Minister for Justice Equality and Law Reform 2011 No. 8 J.R.
EDAL summary. This Judicial Review concerned the way in which the Minister for Justice should assess applications for subsidiary protection and, in particular, whether the duty to ‘co-operate’ with the applicant r...
refugeeasylum - Ireland· 2011
Ireland - High Court, 12 October 2011, A. v Minister for Justice, Equality and Defence [2011] IEHC 381
EDAL summary. This was a decision on an injunction application in the course of judicial review proceedings challenging a subsidiary protection decision and deportation order on the basis of a failure by the Minist...
refugeeasylum - UK· 2011
UK - Upper Tribunal, 14 March 2011, EM and others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC)
EDAL summary. Applying the guidance on assessing internal protection found in Januzi and AH (Sudan) (see separate summaries), an applicant’s “home area” must be established as a matter of fact. The applicant’s soci...
refugeeasylum - Australia (National)· 2011· High Court of AustraliafavorableHigh precedent
Plaintiff M70/2011 v Minister for Immigration ('Malaysia Solution')
Offshore transfer to non-signatory 'safe country'; statutory preconditions
asylumoffshore-processingrefugeestatutory-authoritythird-country-transfers - Hungary· 2011
Hungary - Metropolitan Court, 22 April 2011, 17.K30.864/2010/18
EDAL summary. The applicant could not substantiate the individual elements of his claim with respect to his well-founded fear of a blood feud; however, he was able to satisfy the criteria for subsidiary protection....
refugeeasylum - Ireland· 2011
Ireland - High Court, 15 April 2011, R. v Refugee Appeals Tribunal and Minister for Justice Equality and Law Reform [2011] IEHC 151
EDAL summary. This case concerned reliance upon demeanour in refusing a refugee application. Then Court found that an asylum decision maker must be careful not to misplace reliance upon demeanour and risk construin...
refugeeasylum - United Kingdom / EU context· 2011· CJEU (Grand Chamber)favorableHigh precedent
N.S. v SSHD; M.E. and Others v Refugee Applications Commissioner (Joined Cases C-411/10 & C-493/10)
Dublin transfers; systemic deficiencies test; suspending transfers
asylumdublin-transfersnon-refoulementrefugeesystemic-deficiencies - 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 - France· 2010
France - Council of State, 23 July 2010, Amnesty International France and others, n° 336034
EDAL summary. Partial quashing of the list of safe countries of origin: Armenia, Madagascar, Turkey and Mali (women only) removed from the list
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 - 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 - 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 - 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