Strategic litigation, searchable.
215 cases across 14 issue areas. Filter by topic, outcome, or precedent strength. Each profile is a starting point for adaptation, not a finishing line.
- 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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, 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 - 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 - 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 - 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 - 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