Case Law

A subsequent application for leave to appeal before the Supreme Court of New Zealand was dismissed: [2008] NZSC 44.

6 December 2006 | Judicial Body: New Zealand: Court of Appeal | Topic(s): Deportation / Forcible return - False documents - Passports - Rejected asylum-seekers | Countries: New Zealand - Syrian Arab Republic

This decision replaces SY (Kurd - No Political Profile) Syria CG [2005] UKIAT 00039 as country guidance.

7 June 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Kurd - Persecution based on political opinion - Proof of nationality - Racial / Ethnic persecution | Countries: Syrian Arab Republic - United Kingdom of Great Britain and Northern Ireland

10 May 2006 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Kurd - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Racial / Ethnic persecution | Countries: New Zealand - Syrian Arab Republic

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

8 November 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Well-founded fear of persecution | Countries: Sweden - Syrian Arab Republic

Heard at Field House on 4 January 2005; Date Determination notified: 15 February 2005.

15 February 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Kurd | Countries: Syrian Arab Republic - United Kingdom of Great Britain and Northern Ireland

8 February 2005 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Appeal / Right to appeal - Burden of proof - Convention refugee - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Terrorism | Countries: Canada - Syrian Arab Republic

8 February 2005 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Appeal / Right to appeal - Burden of proof - Convention refugee - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Terrorism | Countries: Canada - Syrian Arab Republic

Jugements de la Cour administrative d'appel de Versailles du 25 novembre 2004, OFPRA c/ M. Khaled Abdelhafiz & de la Cour administrative d'appel de Marseille du 21 février 2005, OFPRA c/ M. Nasser X Both cases concern application of article 1 § 2 i) of the 1954 Convention relating to the Status of Stateless Persons. OFPRA rejected the requests for stateless person status because the applicants were respectively registered with UNRWA in Syria and Jordan. For the OFPRA, they are under UNRWA's mandate and are not eligible to the status of the 1954 Convention. The first instance administrative tribunals reversed OFPRA's decisions. OFPRA appealed these decisions and the court of appeals of Versailles and Marseille found that both applicants were living in France with a legal residence permit and had therefore established their habitual residence outside of UNRWA's geographic jurisdiction. Consequently, They did not come under the purview of the exclusion clause of article 1 § 2 i) of the 1954 Convention.

25 November 2004 | Judicial Body: France: Cour administrative | Countries: France - Syrian Arab Republic

Date of hearing: 12 August 2004; Date signed: 9 September 2004.

14 September 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Countries: Syrian Arab Republic - United Kingdom of Great Britain and Northern Ireland