AB v. Secretary of State for the Home Department
Application for leave to appeal against a decision of an Immigration Judge of the Asylum and Immigration Tribunal under Section 103B of the Nationality, Immigration and Asylum Act 2002. 17 June 2009 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Arbitrary arrest and detention - Credibility assessment - Deportation / Forcible return - Persecution of family members - Well-founded fear of persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland |
SZNCK v. Minister for Immigration & Anor
Application for judicial review. 28 May 2009 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Country of origin information (COI) - One-child policy / Family planning - Right to employment - Social group discrimination - Social group persecution - Well-founded fear of persecution | Countries: Australia - China |
Zheng v. Canada (Minister of Citizenship and Immigration)
Application for judicial review. 30 March 2009 | Judicial Body: Canada: Federal Court | Topic(s): Sexual and reproductive rights - Well-founded fear of persecution - Women's rights - Women-at-risk | Countries: Canada - China |
Zheng c. Canada (Ministre de la citoyenneté et de l'immigration)
Application for judicial review. 30 March 2009 | Judicial Body: Canada: Federal Court | Topic(s): Sexual and reproductive rights - Well-founded fear of persecution - Women's rights - Women-at-risk | Countries: Canada - China |
A. v. Federal Asylum Review Board
The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund. 17 March 2009 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Chechen - Complementary forms of protection - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Mental health - Well-founded fear of persecution | Countries: Austria - Russian Federation |
S.H.M. v. Refugee Appeals Tribunal & Anor
Application for judicial review. 12 March 2009 | Judicial Body: Ireland: High Court | Topic(s): Discrimination based on race, nationality, ethnicity - Palestinian - Refugee status determination (RSD) / Asylum procedures - Statelessness - Statelessness - Well-founded fear of persecution | Countries: Ireland - Libya |
Hernandez v. Canada (Minister of Citizenship and Immigration)
Application for judicial review. 4 March 2009 | Judicial Body: Canada: Federal Court | Topic(s): Unlawful departure - Well-founded fear of persecution | Countries: Canada - Cuba |
Hernandez c. Canada (Ministre de la citoyenneté et de l'immigration)
Application for judicial review. 4 March 2009 | Judicial Body: Canada: Federal Court | Topic(s): Unlawful departure - Well-founded fear of persecution | Countries: Canada - Cuba |
Matter of A-T-
22 September 2008 | Judicial Body: United States Attorney-General | Topic(s): Deportation / Forcible return - Female genital mutilation (FGM) - Social group persecution - Well-founded fear of persecution | Countries: Mali - United States of America |
Refugee Appeal No. 76044
The Refugee Status Appeals Authority reaffirmed in this decision New Zealand jurisprudence on the internal protection alternative, holding that even were it free to do so, it would not follow the decisions of the House of Lords in Januzi v Secretary of State for the Home Department [2006] 2 AC 426 and AH (Sudan) v Secretary of State for the Home Department [2007] 3 WLR 832 which facilitate the withholding of recognition of refugee status. The Authority emphasized that such withholding of recognition can only occur in a highly limited class of case where (a) the proposed internal protection alternative is accessible to the individual. This requires that the access be practical, safe and legal; (b) in the proposed site of internal protection there is no risk of being persecuted for a Convention reason; (c) in the proposed site of internal protection there are no new risks of being persecuted or of being exposed to other forms of serious harm or of refoulement; and finally, (d) in the proposed site of internal protection basic norms of civil, political and socio-economic rights will be provided by the State. The Authority has also declined to follow the two recent decisions of the High Court of Australia in SZATV v Minister for Immigration and Citizenship (2007) 237 ALR 634 and SZFDV v Minister for Immigration and Citizenship (2007) 237 ALR 660. In these two decisions the "protection" element of the refugee definition in Article 1A(2) was interpreted as "diplomatic protection". 11 September 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Blood feuds - Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd - Persecution based on political opinion - Social group persecution - State protection - Well-founded fear of persecution | Countries: New Zealand - Türkiye |