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CASE OF M.S. v. SLOVAKIA AND UKRAINE (Application no. 17189/11)

The applicant complained that the Slovakian authorities, having arrested him after he had crossed from Ukraine, had failed to inform him of the reasons for his arrest, in violation of Article 5 § 2 of the Convention. They had then returned him to Ukraine, where he had been detained in inadequate conditions in disregard of his alleged status as a minor, in breach of Article 3. He had been unable to participate effectively in the proceedings concerning his detention, and had eventually been returned to Afghanistan in the absence of an adequate assessment of the risks he had faced there, in breach of Article 3, Article 5 §§ 1, 2 and 4, and Article 13 of the Convention. Lastly, he alleged, under Article 34, that an NGO representative had been denied access to him in Ukraine, preventing him from lodging an application for an interim measure with the Court.

11 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Children's rights - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Legal representation / Legal aid - Rejected asylum-seekers | Countries: Afghanistan - Slovakia - Ukraine

RRT Case No. 1309664

28 February 2014 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Hazara - Housing, land and property rights (HLP) - Persecution based on political opinion - Persons not in need of international protection - Rejected asylum-seekers - Religious persecution (including forced conversion) - Shia | Countries: Afghanistan - Australia

R.A. v. Secretary of State for the Home Department

Application for judicial review.

2 March 2011 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Complementary forms of protection - Fresh / New claim - Rejected asylum-seekers - Right to family life | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

GS (Article 15(c): Indiscriminate Violence) Afghanistan v. Secretary of State for the Home Department

Heard at Procession House on 22 and 23 July 2009. The determination supersedes the country guidance in GS (Existence of Internal Armed Conflict) Afghanistan CG [2009] UKAIT 00010.

19 October 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Complementary forms of protection - Country of origin information (COI) - EU Qualification Directive - Internal armed conflict - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Rejected asylum-seekers - Security situation | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

ZH (Afghanistan) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal (OA355582007).

15 October 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Family reunification - Pre-entry procedures - Rejected asylum-seekers - Residence permits / Residency - Right to family life - Visas | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

NA (Afghanistan) v. Secretary of State for the Home Department

Application for permission to appeal from the Asylum and Immigration Tribunal.

28 July 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Persecution based on political opinion - Rejected asylum-seekers - Right to family life | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Ghulami c. France

Admissibility application.

7 April 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Effective remedy - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers | Countries: Afghanistan - France

R (on the application of Haidary) v. Secretary of State for the Home Department

Application for judicial review. Subsequently appealed before the Court of Appeal: KH (Afghanistan) v. Secretary of State for the Home Department [2009] EWCA Civ 1354.

3 July 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Complementary forms of protection - Evidence (including age and language assessments / medico-legal reports) - Mental health - Post-traumatic stress disorder (PTSD) - Rejected asylum-seekers - Right to family life | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

R (on the application of S) v. Secretary of State for the Home Department; R (on the application of Q) v. Secretary of State for the Home Department; R (on the application of H) v. Secretary of State for the Home Department

The Court of Appeal (England and Wales) dismissed a subsequent appeal: R (on the application of S, H and Q) v. Secretary of State for the Home Department [2009] EWCA Civ 334.

11 April 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Asylum policy - Exceptional leave to remain (ELR) - Proof of nationality - Rejected asylum-seekers | Countries: United Kingdom of Great Britain and Northern Ireland

PM and Others (Kabul - Hizb-i-Islami) Afghanistan v. Secretary of State for the Home Department

12 November 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Pashtun - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Tajik | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

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