Case Law

12 February 2015 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Domestic violence - False documents - National security / Public order - Regional instruments - Right to return - Spontaneous return | Countries: Netherlands

6 November 2014 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - False documents - Palestinian - Prison or detention conditions | Countries: Jordan - United Kingdom of Great Britain and Northern Ireland

17 July 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Criminal justice - False documents - Illegal entry - Trafficking in persons | Countries: Afghanistan - Germany

Criminal law. Asylum seeker. Forgery. Refugee Convention.

A citizen of Cameroon was convicted in the District Court and the Court of Appeal for violation of Section 182 of the Penal Code. Upon arrival at Gardermoen airport, he had presented a false Portuguese residence card. After being taken aside for an immigration check, he informed that he was seeking protection in Norway. The Supreme Court concluded that he was protected by Article 31 no. 1 of the Refugee Convention. The Convention's requirement that a refugee shall seek protection "without delay" was met, as he had sought protection before the immigration check was completed. The Court of Appeal's judgment with appeal hearing was overturned.

Ref.: HR-2014-1323-A, (case no. 2014/220)

English summary and translation provided by the Court.

24 June 2014 | Judicial Body: Norway: Supreme Court | Topic(s): Criminal justice - False documents | Countries: Cameroon - Norway

3 June 2014 | Judicial Body: Netherlands, The: Supreme Court (Hoge Raad) | Topic(s): False documents | Countries: Germany - Netherlands

24 March 2014 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): False documents - Multiple nationality | Countries: Australia - China - Korea, Democratic People's Republic of

6 February 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): False documents - Human rights law - Illegal entry - Regional instruments | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

13 January 2014 | Judicial Body: Canada: Federal Court | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - False documents - Jurisdiction - Refugee status determination (RSD) / Asylum procedures | Countries: Canada - Nigeria

5 April 2013 | Judicial Body: Finland: Supreme Court | Topic(s): 1951 Refugee Convention - Asylum-seekers - Criminal justice - Entry / Exit - False documents - Passports - Smuggling of persons - Travel documents | Countries: Afghanistan - Finland

31 August 2012 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): False documents | Countries: Australia - Mongolia