Case Law

29 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Armed forces / Military - Christian - Persecution based on political opinion - Physical harm - Religious discrimination - Religious persecution (including forced conversion) - Threats / Intimidation | Countries: Australia - Iraq

17 May 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): 1951 Refugee Convention - Armed forces / Military - Denial of refugee status - Exclusion clauses - International courts and tribunals | Countries: Netherlands - Syrian Arab Republic

15 January 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Appeal / Right to appeal - Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Evidence (including age and language assessments / medico-legal reports) - Suspensive effect - Torture | Countries: France - Sudan

23 July 2014 | Judicial Body: United States Court of Appeals for the First Circuit | Topic(s): Armed forces / Military - Evidence (including age and language assessments / medico-legal reports) - Gang related violence - Indigenous persons - Persecution based on political opinion - Racial / Ethnic persecution - Social group persecution | Countries: Guatemala - United States of America

14 July 2014 | Judicial Body: United States Court of Appeals for the Fourth Circuit | Topic(s): Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements | Countries: El Salvador - United States of America

5 December 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Armed forces / Military - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution on the basis of sexual orientation or gender identity - Regional instruments | Countries: Turkey - United Kingdom of Great Britain and Northern Ireland

BIA's conclusion on the lack of a causal nexus rejected and case remanded.

15 May 2013 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Countries: Mexico - United States of America

Petition for review granted, order vacated and decision remanded for proceedings to establish clarity with regards to rejection of claimant's past persecution claim and basing decision on the legal principle that past persecution to family members can be the basis for a past persecution claim.

7 October 2012 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Countries: El Salvador - United States of America