Case Law

The legislation introduced with the d.l. n. 113 of 2018, converted into l. n. 132 of 2018, in the part in which it modified the pre-existing regulation of the residence permit for humanitarian reasons dictated by art. 5, paragraph 6, of the legislative decree n. 286 of 1998 and other consequential provisions, replacing it with the provision of special cases of residence permits, does not apply in relation to applications for recognition of a residence permit for humanitarian reasons proposed before entry into force (October 5, 2018) of the new law, which will therefore be scrutinized on the basis of the legislation existing at the time of their presentation.

1 March 2019 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Humanitarian protection (including tolerated stay) - Immigration law - Right to seek asylum

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

16 September 2014 | Judicial Body: France: Tribunal Administratif | Topic(s): Jurisdiction - Right to seek asylum - Visas | Countries: France - Syrian Arab Republic

19 August 2014 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Children's rights - Migrant rights - Migrants - Non-refoulement - Right to family life - Right to seek asylum

For related decisions see Tashuma Noga Desta et al. v. The Knesset et al. & Eitan – Israeli Immigration Policy Center et al. v. The Israeli Government et al. These decisions deal with Amendments 3, 4 and 5 to the Law for the Prevention of Infiltration taken by the Supreme Court in its capacity as the High Court of Justice.

16 September 2013 | Judicial Body: Israel: Supreme Court | Topic(s): Access to procedures - Asylum-seekers - Border controls - Effective remedy - Freedom of movement - Non-refoulement - Refugees - Rejection at border - Right to seek asylum - Rule of law / Due process / Procedural fairness | Countries: Israel

For related decisions see Tashuma Noga Desta et al. v. The Knesset et al. & Eitan – Israeli Immigration Policy Center et al. v. The Israeli Government et al. These decisions deal with Amendments 3, 4 and 5 to the Law for the Prevention of Infiltration taken by the Supreme Court in its capacity as the High Court of Justice.

16 September 2013 | Judicial Body: Israel: Supreme Court | Topic(s): Access to procedures - Asylum-seekers - Border controls - Effective remedy - Freedom of movement - Non-refoulement - Refugees - Rejection at border - Right to seek asylum - Rule of law / Due process / Procedural fairness | Countries: Israel

26 July 2013 | Judicial Body: Kenya: High Court | Countries: Kenya

11 July 2013 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Refugee status determination (RSD) / Asylum procedures - Regional instruments - Right to seek asylum | Countries: Austria

28 December 2011 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Access to procedures - Criminal justice - International courts and tribunals - Jurisdiction - Right to seek asylum - Rule of law / Due process / Procedural fairness - Treaties / Agreements / Charters / Protocols / Conventions / Declarations - Witnesses | Countries: Congo, Democratic Republic of the - Netherlands