Case Law

The Court held that "- that O.D.’s removal to Syria would amount to a violation of Article 2 (right to life) and Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights - that there had been a violation of Article 13 (right to an effective remedy), read in conjunction with Articles 2 and 3. The Court found, in particular, that in view of the overall situation in Syria and the individual risk faced by the applicant it could not be established that he could safely return to Syria. The Court also found that the applicant had not had access to an effective remedy, noting that his request for a stay of execution of the expulsion order had been rejected on the grounds that he posed a threat to national security, and that the proceedings relating to the application for refugee status or humanitarian status had not been aimed at reviewing the lawfulness of the expulsion order or its effects in relation to the complaints concerning the right to life and the right not to be subjected to ill-treatment. ..."

10 October 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to life | Countries: Bulgaria - Syrian Arab Republic

The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles").

4 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Arbitrary arrest and detention - Prison or detention conditions | Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

7 December 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions | Countries: Bulgaria - Iraq - Switzerland

8 June 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Immigration Detention - National security / Public order - Right to liberty and security - Statelessness | Countries: Bulgaria - Palestine, State of

27 September 2016 | Judicial Body: Italy: Council of State (Consiglio di Stato) | Legal Instrument: 2003 Dublin II Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Regional instruments - Safe third country | Countries: Bulgaria - Italy

2 May 2016 | Judicial Body: Switzerland: Federal Court | Topic(s): Arbitrary arrest and detention - Burden-sharing and international co-operation - Immigration Detention - Regional instruments | Countries: Afghanistan - Bulgaria - Switzerland

23 July 2015 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Discrimination based on race, nationality, ethnicity - Minority rights - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness - Threats / Intimidation | Countries: Bulgaria - United States of America

5 June 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Deportation / Forcible return - Residence permits / Residency - Travel documents | Countries: Bulgaria - Sudan