Case Law

27 May 2021 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Political asylum - Political situation - Returnees | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

On 11 February 2020, the Swiss Federal Administrative Tribunal (TAF) ruled in case F-7195/2018 concerning the Dublin transfer of an asylum seeker to Bulgaria that there are no systemic flaws in the asylum procedure and in the reception conditions for applicants in Bulgaria, and that there is no reason for a complete suspension of Dublin transfers to Bulgaria. The court ruled that the Swiss asylum authority SEM should assess on a case-to-case basis whether a Dublin transfer must be suspended. This examination could include obtaining concrete and prior guarantees from the Bulgarian authorities. A transfer is only possible if the possibility that the asylum-seeker concerned would be subjected to inhuman and degrading treatment on his return to Bulgaria is excluded. In this particular case, the appeal against the transfer decision was made by the applicant, arguing that she suffered from post-traumatic stress disorder which could not be treated adequately in Bulgaria, that she risked not being able to access the regular reception services due to the fact that her asylum application had already been rejected by the Bulgarian authorities, that she even risked being detained and subjected to inhuman conditions and that she finally risked being returned to her country of origin contrary to the principle of non-refoulement. Taking her particular circumstances into account, the TAF quashed the transfer decision and upheld the appeal, ruling that even though there are no systemic deficiencies in the asylum system in Bulgaria, the transfer decision should be based on a detailed analysis of all relevant circumstances of the asylum seeker.

11 February 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Freedom from torture, inhuman and degrading treatment - Post-traumatic stress disorder (PTSD) - Reception - Rejected asylum-seekers | Countries: Bulgaria - Sri Lanka - Switzerland

whether the FTT and UT made a material error of law in failing to give weight to the fact that RS had escaped from custody

28 October 2019 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

The central issue is whether the appellant faces a real chance of being seriously mistreated by the authorities in detention, in the course of their investigation.

9 August 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Police - Tamil - Well-founded fear of persecution | Countries: New Zealand - Sri Lanka

whether the meaning of “a national” as appears in the definition of “receiving country” in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status – meaning does not apply in such a circumstance

24 June 2019 | Judicial Body: Australia: Federal Court | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Australia - India - Sri Lanka

6 March 2019 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Torture | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

Non-violation de l'article 5 - Droit à la liberté et à la sûreté (Article 5-1 - Arrestation ou détention régulières)

6 November 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Right to liberty and security | Countries: Belgium - Sri Lanka

interpretation of Articles 2(e) and 15(b) of Council Directive 2004/83/EC of 29 April 2004

24 April 2018 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - Mental health - Torture | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

13 March 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

31 January 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Gender-based persecution - Single heads of household - State protection - Women-at-risk | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland