Case Law

In a landmark judgment, the Federal Administrative Court acknowledged the existence of a new specific circumstance that goes against the granting of family asylum. In addition, it considered that the result of the assessment of evidence made in the original, already concluded, asylum procedure cannot be simply transposed to the subsequent family asylum procedure. The right to be heard must be granted again and the results assessed separately.

1 July 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life - Rule of law / Due process / Procedural fairness | Countries: China - Switzerland

7 December 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Right to family life | Countries: Australia - China

26 May 2015 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Acts of persecution - Appeal / Right to appeal - Forced sterilization / Abortion - Immigration law - Refugee / Asylum law - Right to family life - Visas - Well-founded fear of persecution | Countries: China - United States of America

22 May 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Right to family life - Threats / Intimidation - Well-founded fear of persecution | Countries: China - New Zealand

27 April 2015 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Freedom of religion - Right to family life | Countries: Australia - China

15 May 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Mormon - One-child policy / Family planning - Religious persecution (including forced conversion) - Right to family life | Countries: Australia - China

14 November 2011 | Judicial Body: Hong Kong: High Court | Topic(s): Right to family life | Countries: China - Hong Kong (Special Administrative Region of China)

Application for judicial review.

20 April 2010 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Catholic - Christian - Deportation / Forcible return - Fresh / New claim - Rejected asylum-seekers - Religious persecution (including forced conversion) - Right to family life | Countries: China - United Kingdom of Great Britain and Northern Ireland

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

4 December 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Expulsion - Falun Gong - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) - Right to family life | Countries: China - Russian Federation