Strategic litigation, searchable.
196 cases across 14 issue areas. Filter by topic, outcome, or precedent strength. Each profile is a starting point for adaptation, not a finishing line.
- 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, 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 - 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, 16 June 2010, Ms. A., n°340250
EDAL summary. French legislative provisions concerning the non suspensive effect of the judicial remedy under the accelerated procedure are not manifestly incompatible with the Asylum Procedures Directive and the R...
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 - 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, 30 September 2009, D.T. v. Office of Immigration and Nationality 17.K.33.301/2008/15
EDAL summary. Subsidiary protection can be granted if on return to their country of origin an applicant would face a real risk of torture, inhuman or degrading treatment or punishment. The question at issue was whe...
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, 30 October 2009, M.P., n°640035/08020515
EDAL summary. The practices used by the authorities of a given country in order to exclude some citizens, members of a minority, from nationality can be considered as persecution since they are linked to one of the...
refugeeasylum - France· 2009
France - CNDA, 12 March 2009, Miss K, n°639908 and Ms. D., n°638891
EDAL summary. Children who were born in France and who claim a fear of persecution because they refuse to be subjected to female genital mutilation (FGM) in their country of origin fall within the scope of subsidia...
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 - 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 - 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, 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