Case Law

This matter engages the jurisdiction of this Court as it involves a constitutional challenge to section 4(1)(b) of the Act. Beyond this, it raises arguable points of law of general public importance, such as the definition of a political crime, the proper interpretation and application of the “exclusion clause”, whether an internal appeal process is available to an excluded person under the Act, as well as what the rights are of an excluded person who may be persecuted upon returning to her country of origin. These are issues of great importance to asylum seekers and refugees, and impact their right to fair administrative action.

28 September 2018 | Judicial Body: South Africa: Constitutional Court | Topic(s): Exclusion clauses - Extradition - Serious non-political crime | Countries: Serbia - South Africa

14 February 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Chinese - Extradition - Minority rights - Physical harm - Prison or detention conditions - Refugee / Asylum law | Countries: Russian Federation - Turkmenistan

26 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Extradition - Freedom from torture, inhuman and degrading treatment - Uzbek | Countries: Kyrgyzstan - Russian Federation

1 December 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Extradition - Freedom from torture, inhuman and degrading treatment - Torture - Uzbek | Countries: Kyrgyzstan - Russian Federation

21 May 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Extradition - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Statelessness - Withdrawal of nationality | Countries: Russian Federation - Uzbekistan

15 January 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Extradition - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions | Countries: Russian Federation - Uzbekistan

5 November 2014 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Crimes against humanity - Extradition - Genocide - International criminal law - Right to justice | Countries: Rwanda - United Kingdom of Great Britain and Northern Ireland

4 September 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Extradition - Freedom from torture, inhuman and degrading treatment - Suspensive effect | Countries: Belgium - Tunisia - United States of America

31 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Chechen - Criminal justice - Extradition - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers | Countries: Azerbaijan - Russian Federation

24 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Extradition - Freedom from torture, inhuman and degrading treatment - Minorities - Uzbek | Countries: Kyrgyzstan - Russian Federation