Strategic litigation, searchable.
235 cases across 14 issue areas. Filter by topic, outcome, or precedent strength. Each profile is a starting point for adaptation, not a finishing line.
- 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, 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 - France· 2009
France - CNDA, 6 April 2009, Mr. K., n°616907
EDAL summary. While Kosovan legislation prohibits any discrimination based on sexual orientation since 2004, persons who publicly acknowledge their homosexuality and demonstrate it in their external behavior regula...
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 - France· 2009
France - CNDA, 24 April 2009, Mr. G., n°625816
EDAL summary. The situation which currently prevails in the Republic of Chechnya does not amount to generalised violence resulting from a situation of internal or international armed conflict.
refugeeasylum - France· 2009
France - CNDA, 23 December 2009, Ms. K., n° 636547/08017005
EDAL summary. The protection provided by the 1951 Refugee Convention can only be afforded if it is established that the asylum applicant, for a valid reason linked to one of the grounds listed in Art 1A(2) of this...
refugeeasylum - France· 2008
France - Council of State, 18 December 2008, Ofpra vs. Ms. A., n°283245
EDAL summary. The principle of family unity, which is a general principle of refugee law resulting in particular from the 1951 Refugee Convention, is not applicable to persons falling within the scheme of subsidiar...
refugeeasylum - UK· 2008
UK - Court of Appeal, 6 November 2008, PS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1213
EDAL summary. State protection should be assessed in the applicant’s home area, in the absence of an internal relocation alternative. The Tribunal erred in finding that the fact that the applicant had been raped a...
refugeeasylum - France· 2008
France - CNDA, 23 April 2008, Miss N., n°574495
EDAL summary. Women who are subjected to the norms and customary laws of FGM and forced marriage in rural areas in Nigeria cannot avail themselves of the protection of the State authorities, and their attitude is p...
refugeeasylum - UK· 2008
UK - Court of Appeal, 22 May 2008, AA (Uganda) v Secretary of State for the Home Department [2008] EWCA Civ 579
EDAL summary. Applying the guidance on assessing internal protection found in AH (Sudan) and Januzi (see separate summaries), it would be unduly harsh for an applicant to have to survive in the area of internal rel...
refugeeasylum - Ireland· 2008
Ireland - High Court, 24 April 2008, F.N. v Minister for Justice, Equality and Law Reform [2008] IEHC 107
EDAL summary. This case concerned the argument that the decision of the Minister with regard to deciding whether to grant subsidiary protection must involve the same procedure as that which is applied in determinin...
refugeeasylum - Ireland· 2008
Ireland - High Court, 27 June 2008, A.B.O. v Minister for Justice, Equality and Law Reform [2008] IEHC 191
EDAL summary. This case concerned the test to be applied by the Minister as the decision-maker in applications for subsidiary protection. The Court held that it was permissible for the Minister to have regard to th...
refugeeasylum - France· 2008
France - CNDA, 16 December 2008, Mlle S., n°473648
EDAL summary. It is important to inquire whether there are elements relative to the situation of homosexuals in their country which enable them to be considered as forming a group whose members would face a risk of...
refugeeasylum - UK· 2007
UK - Asylum and Immigration Tribunal, 15 March 2007, LQ, Afghanistan [2008] UKAIT 00005
EDAL summary. For the purposes of assessing whether a child is a member of a particular social group, a person's age is an immutable characteristic.
refugeeasylum - UK· 2007
UK - House of Lords, 14 November 2007, Secretary of State for the Home Department v AH (Sudan) & Ors [2007] UKHL 49
EDAL summary. The House of Lords test in Januzi (see separate summary) for assessing internal protection was approved. In assessing whether the proposed area of internal relocation was unreasonable or unduly harsh...
refugeeasylum - Netherlands· 2007
Netherlands - AJDCoS, 20 July 2007, 200608939/1
EDAL summary. The question as to whether or not an armed conflict existed has to be answered according to humanitarian law (common Art 3 of the Geneva Convention and the second additional protocol).
refugeeasylum - UK· 2006
UK - House of Lords, 15 February 2006, Januzi v Secretary of State for the Home Department & Ors [2006] UKHL 5
EDAL summary. In assessing whether an applicant could obtain internal protection to avoid persecution, decision makers should consider whether it would be unreasonable or unduly harsh to expect the applicant to rel...
refugeeasylum - UK· 2006
UK - House of Lords, 18 October 2006, Secretary of State for the Home Department v. K (linked with Fornah v. Secretary of State for the Home Department)
EDAL summary. The case concerned the issue of whether ‘family’ constitutes a particular social group. The applicant was recognised as a refugee on the basis of her well founded fear of persecution as a member of he...
refugeeasylum