Case Law

Effective domestic remedy: Effectiveness of a suspensive remedy, in respect of an asylum request submitted after the application had been lodged with the Court: admissible As to the merits, the Court went on to find, unanimously, that there would be no violation of Article 3 if the decision to deport the applicant to Algeria were implemented.

29 April 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Exhaustion of domestic remedies - Refugee status determination (RSD) / Asylum procedures | Countries: Algeria - France

At issue are the reach of the Refugees Act and of the Immigration Act as well as the interplay between these two statutes; the effect of delay on entitlement to apply for refugee status; the operation of the exclusionary provisions of the Refugees Act, particularly section 4(1)(b); and whether this section applies only to crimes committed outside South Africa. Also at issue is the fidelity of the Supreme Court of Appeal to its own judgments and whether in this case commitment to precedent (stare decisis) was breached.

20 December 2018 | Judicial Body: South Africa: Constitutional Court | Topic(s): Deportation / Forcible return - Illegal immigrants / Undocumented migrants - Refugee status determination (RSD) / Asylum procedures - Serious non-political crime | Countries: Rwanda - South Africa

17 July 2018 | Judicial Body: Ireland: High Court | Topic(s): Habitual residence - Refugee status determination (RSD) / Asylum procedures - Statelessness - Withdrawal of nationality | Countries: Bhutan - Ireland - Nepal

8 June 2018 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Greece - Palestine, State of

Article 26(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person must be interpreted as precluding a Member State that has submitted, to another Member State which it considers to be responsible for the examination of an application for international protection pursuant to the criteria laid down by that regulation, a request to take charge of or take back a person referred to in Article 18(1) of that regulation from adopting a transfer decision and notifying it to that person before the requested Member State has given its explicit or implicit agreement to that request.

31 May 2018 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: France - Germany - Iraq

THE INSTITUTION OF ASYLUM AND ITS RECOGNITION AS A HUMAN RIGHT IN THE INTER-AMERICAN SYSTEM OF PROTECTION (INTERPRETATION AND SCOPE OF ARTICLES 5, 22.7 AND 22.8 IN RELATION TO ARTICLE 1(1) OF THE AMERICAN CONVENTION ON HUMAN RIGHTS)

30 May 2018 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Legal Instrument: 1951 Refugee Convention | Topic(s): Non-refoulement - Refoulement - Refugee status determination (RSD) / Asylum procedures - Right to seek asylum | Countries: Ecuador