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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
Selected filters: Effective protection
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AFFAIRE A.E.A. c. GRÈCE (Requête no 39034/12)

The possibility of introducing an asylum claim is a conditio sine qua non for the effective protection of persons in need of international protection. If authorities do not guarantee unhindered access to the asylum procedure, asylum-seekers can not make use of the procedural rights foreseen within the asylum procedure and are at risk of being arrested at any time. Hence even if the asylum procedure offers effective safeguards, these are of no use if, as in the present case, the asylum claim is not registered for a long period of time. [85] violation of article 13 (effective remedy) in combination with article 3 ECHR.

15 March 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Effective protection - Effective remedy - Registration | Countries: Egypt - Greece - Sudan - Turkey

NA and VA (protection: Article 7(2) Qualification Directive) India v. Secretary of State for the Home Department

29 May 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): EU Qualification Directive - Effective protection | Countries: India - Pakistan - United Kingdom of Great Britain and Northern Ireland

RRT Case no. 1406045

9 February 2015 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Domestic violence - Effective protection | Countries: Australia - Lebanon

RRT Case No. 1413568

31 October 2014 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Christian - Effective protection - Forced relocation | Countries: Australia - United Kingdom of Great Britain and Northern Ireland

AT and Others (Article 15c; risk categories) Libya CG v. Secretary of State for the Home Department

Replaced by ZMM (Article 15(c)) Libya CG [2017] UKUT 00263 (IAC) in respect of the assessment of the art 15(c) risk.- 28.06.17

14 July 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Effective protection - Gender-based persecution - Honour killings - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Sexual and gender-based violence (SGBV) - Women-at-risk | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

Minister for Immigration and Citizenship v MZYYL [2012] FCAFC 147

24 October 2012 | Judicial Body: Australia: Federal Court | Topic(s): Complementary forms of protection - Effective protection - State protection | Countries: Australia

SA (Divorced woman - illegitimate child) Bangladesh v. Secretary of State for the Home Department

Heard at Field House on 29th & 30th September 2010.

11 July 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Children's rights - Country of origin information (COI) - Domestic violence - Effective protection - Gender-based persecution - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Right to family life - Sexual and gender-based violence (SGBV) - Social group discrimination - Social group persecution - State protection - Women-at-risk | Countries: Bangladesh - United Kingdom of Great Britain and Northern Ireland

AB (Afghanistan)

30 June 2011 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Effective protection - Hazara - Non-state agents of persecution - Persecution based on political opinion - Racial / Ethnic persecution - Religious persecution (including forced conversion) - Shia - State protection | Countries: Afghanistan - New Zealand

Plaintiff M13/2011 v. Minister for Immigration and Citizenship

23 June 2011 | Judicial Body: Australia: High Court | Topic(s): Effective protection - Hindu - Illegitimate children - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Jurisdiction - Non-state agents of persecution - Religious persecution (including forced conversion) - Social group persecution - State protection | Countries: Australia - Malaysia

AB and AC (South Africa)

21 June 2011 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Effective protection - Non-state agents of persecution - Sexual and gender-based violence (SGBV) - Social group persecution - State protection - Well-founded fear of persecution | Countries: New Zealand - South Africa

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