Case Law

22 November 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Malta - Somalia

On 21 June, the European Court of Human Rights delivered its judgement in Ramadan v. Malta, a case concerning the revocation of Maltese citizenship that rendered the applicant stateless. The Court did not find any violation of Article 8 of the European Convention on Human Rights (ECHR), but noted that arbitrary revocation of citizenship can in certain circumstances be problematic under Article 8 because of its impact on the right to private life. Judge Pinto de Albuquerque’s dissenting opinion called on the Court to recognize the right to citizenship as an autonomous right under the ECHR and referenced to UNHCR’s Global Action Plan to End Statelessness. A request to refer the case to the Grand Chamber is currently pending.

21 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Malta

12 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: Malta - Somalia

26 November 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Prison or detention conditions | Countries: Malta - Somalia

21 May 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Burden-sharing and international co-operation - Mental health - Reception | Countries: Eritrea - Malta - United Kingdom of Great Britain and Northern Ireland

12 January 2015 | Judicial Body: Germany: Verwaltungsgericht | Topic(s): Prison or detention conditions - Reception | Countries: Germany - Malta

23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Habeas corpus - Immigration Detention - Regional instruments - Right to liberty and security | Countries: Malta - Sierra Leone

23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Habeas corpus - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Malta - Somalia

29 April 2013 | Judicial Body: Malta: Constitutional Court (Qorti Kostituzzjonali) | Countries: Gambia - Libya - Malta

6 January 2012 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Access to procedures - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Legal representation / Legal aid - Reception - Refugee / Asylum law - Treaties / Agreements / Charters / Protocols / Conventions / Declarations | Countries: Somalia