Case Law

7 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Opposition - Persecution based on political opinion - Refugee / Asylum law - Social group discrimination | Countries: Australia - Uzbekistan

19 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Chechen - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Russian Federation

2 March 2015 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Opposition - Terrorism | Countries: Saudi Arabia - United Kingdom of Great Britain and Northern Ireland

12 November 2014 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Appeal / Right to appeal - National security / Public order - Opposition - Political groups - Terrorism | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

20 September 2013 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Anti-terrorism law - Denial of refugee status - Exclusion clauses - Extradition - Freedom from torture, inhuman and degrading treatment - Freedom of assembly and association - Human rights and fundamental freedoms - Humanitarian protection (including tolerated stay) - Non-refoulement - Opposition - Persecution based on political opinion - Political parties - Rule of law / Due process / Procedural fairness | Countries: Italy - Turkey

Petition for review granted on grounds that both the Immigration Judge and the BIA applied the wrong legal standard ("The immigration judge made a clear legal error by concluding that the 'facts do not compel a finding that [the applicant] suffered past persecution'”.), and case remanded for further proceedings.

20 May 2013 | Judicial Body: United States Court of Appeals for the Seventh Circuit | Countries: Moldova, Republic of - United States of America

Appeal dismissed on grounds that the applicant’s actions as a member of a group that burned passenger buses and cars, threw stones, and disrupted the economic activity of merchants in the market, while pretending to be from the opposition party in order to discredit such party, reached the level of serious criminal conduct which outweighed its political nature and therefore constituted a serious nonpolitical crime.

11 September 2012 | Judicial Body: United States Board of Immigration Appeals | Countries: Côte d'Ivoire - United States of America

1 September 2011 | Judicial Body: Canada: Federal Court | Topic(s): Abduction - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion | Countries: Canada - Mongolia

Heard at Field House on 29 June 2011. This guidance replaces that given in OM (Cuba returning dissident) Cuba [2004] UKIAT 00120 which is no longer to be regarded as providing country guidance.

26 August 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Opposition - Persecution based on political opinion | Countries: Cuba - United Kingdom of Great Britain and Northern Ireland

12 July 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) | Countries: Australia - Russian Federation