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