Strategic litigation, searchable.
201 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 - Hungary· 2010
Hungary - Metropolitan Court, 8 April 2010, K.H. v. Office of Immigration and Nationality, 15.K.31.662/2009/16
EDAL summary. The Office of Immigration and Nationality (OIN) rejected an application for asylum and did not assess the risk of serious harm because the applicant was deemed not credible. The Metropolitan Court fou...
refugeeasylum - Ireland· 2010
Ireland - High Court, 11 May 2010, S and Another v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform [2010] IEHC 177
EDAL summary. This concerned a claim of persecution as conscientious objector and the use of previous decisions. The first applicant claimed that he faced persecution in Israel because he was a conscientious object...
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 - 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, 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 - 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, 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· 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 - Ireland· 2009
Ireland - High Court, 4 December 2009, M.S.T. v Minister for Justice, Equality and Law Reform [2009] IEHC 529
EDAL summary. This case concerned the interpretation of Article 4(4) of the Qualification Directive and the transposing Irish measure, which had added certain wording. The Court noted that the Directive left it ope...
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 - Ireland· 2009
Ireland - High Court, 3 November 2009, D.T. v Minister for Justice, Equality and Law Reform [2009] IEHC 482
EDAL summary. This case concerned the assessment of the option of internal relocation within Sierra Leone in the context of a threat from a family member. The Court found that, provided that regard has been had to...
refugeeasylum - France· 2009
France - CNDA, 17 December 2009, Mr. T., n°641626
EDAL summary. Vendetta constitutes a serious harm falling within the scope of subsidiary protection.
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