Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.

1951 Refugee Convention 9
Abduction 3
Access to procedures 2
Agents of persecution 2
Airports 2
Appeal / Right to appeal 7
Arbitrary arrest and detention 37
Armed groups / Militias / Paramilitary forces / Resistance movements 2
Bail 2
Benefit of the doubt 1
Burden of proof 2
Catholic 4
Cessation clauses 1
Chakma 3
Child labour 1
Children's rights 9
Children-at-risk 4
Christian 18
Citizenship / Nationality law 5
Complementary forms of protection 8
Constitutional law 2
Convention refugee 8
Corruption 2
Country of origin information (COI) 35
Credibility assessment 74
Crimes against humanity 2
Criminal justice 16
Cumulative grounds of persecution 3
Dalit 2
Decision on admissibility 3
Denial of nationality 3
Denial of refugee status 5
Deportation / Forcible return 51
Dera Sacha Sauda 4
Derivative status 1
Discrimination based on race, nationality, ethnicity 5
Domestic violence 1
Economic, social and cultural rights 2
Effective protection 7
Effective remedy 4
Entry / Exit 1
Evidence (including age and language assessments / medico-legal reports) 39
Exceptional leave to remain (ELR) 2
Exclusion clauses 5
Expulsion 6
False documents 2
Family law 1
Family reunification 4
Freedom from torture, inhuman and degrading treatment 47
Freedom of expression 4
Freedom of speech 2
Gender discrimination 1
Grounds for persecution 14
Habeas corpus 3
Harmful traditional practices 1
Hindu 11
Honour killings 6
Housing, land and property rights (HLP) 3
Human rights activists 1
Human rights and fundamental freedoms 2
Humanitarian protection (including tolerated stay) 1
Illegal entry 1
Illegal immigrants / Undocumented migrants 1
Immigrants 1
Immigration Detention 3
Immigration law 2
Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) 58
Internally displaced persons (IDPs) 1
Jehovah's Witness 1
Jurisdiction 1
Kashmiris 1
Lesbian, gay, bisexual, transgender and intersex (LGBTI) 16
Manifestly unfounded / Clearly abusive claims 3
Mental health 5
Multiple nationality 1
Muslim 11
National security / Public order 1
Non-refoulement 8
Non-state agents of persecution 47
Passports 3
Persecution based on class/wealth/occupation 1
Persecution based on nationality 2
Persecution based on political opinion 89
Persecution of family members 8
Persecution on the basis of sexual orientation or gender identity 10
Persons not in need of international protection 1
Persons with disabilities 1
Physical harm 2
Police 19
Political groups 3
Political parties 20
Post-traumatic stress disorder (PTSD) 2
Pre-entry procedures 1
Pre-trial detention 1
Prison or detention conditions 1
Proof of nationality 2
Prosecution vs persecution 6
Protestant 1
Public health 7
Punjabis 16
Racial / Ethnic persecution 10
Refoulement 7
Refugee status determination (RSD) / Asylum procedures 2
Refugees 1
Regional instruments 1
Rejected asylum-seekers 6
Religious discrimination 3
Religious persecution (including forced conversion) 48
Resettlement 3
Residence permits / Residency 1
Right to a nationality 1
Right to education 1
Right to employment 1
Right to family life 11
Right to health 2
Right to liberty and security 2
Right to life 4
Right to registration at birth 1
Rights of non-citizens 1
Rule of law / Due process / Procedural fairness 17
Safe country of origin 2
Safe third country 4
Sexual and gender-based violence (SGBV) 5
Sexual and reproductive rights 1
Sikh 32
Sindhis 1
Social group discrimination 5
Social group persecution 36
Standard of proof 4
State protection 24
Tamil 1
Terrorism 10
Tibetan 5
Transgression of social / cultural norms 4
Treaties / Agreements / Charters / Protocols / Conventions / Declarations 1
Unaccompanied / Separated children 2
Visas 7
Well-founded fear of persecution 10
Witnesses 6
Women's rights 2
Women-at-risk 2

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Showing 1-10 of 373 results

FER17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCAFC 106 whether the meaning of “a national” as appears in the definition of “receiving country” in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status – meaning does not apply in such a circumstance 24 June 2019 \| Judicial Body: Australia: Federal Court \| Topic(s): Citizenship / Nationality law - Statelessness \| Countries: Australia - India - Sri Lanka
NAVTEJ SINGH JOHAR & ORS. (Petitioner(s)) VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE (Respondent(s)) insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15,19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion. 6 September 2018 \| Judicial Body: India: Supreme Court \| Topic(s): Constitutional law - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Sexual and reproductive rights \| Countries: India
Decision MB6-01059 / MB6-01060 (Jurisprudential Guide, in private) Heard at Refugee Appeals Division, Montreal, Quebec Jurisprudential Guide: Internal flight alternative in India for claimants from Punjab 6 February 2017 \| Judicial Body: Canada: Immigration and Refugee Board of Canada \| Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Police - Punjabis \| Countries: Canada - India
TG (Interaction of Directives and Rules) 30 January 2017 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Topic(s): Deportation / Forcible return - Tibetan \| Countries: China - India - United Kingdom of Great Britain and Northern Ireland
Kaur (children's best interests / public interest interface) 10 January 2017 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Topic(s): Children's rights \| Countries: India - United Kingdom of Great Britain and Northern Ireland
AATA Case No. 1503327 24 August 2016 \| Judicial Body: Australia: Administrative Appeals Tribunal \| Topic(s): Social group discrimination - Women's rights \| Countries: Australia - India
AATA Case No. 1501466 6 July 2016 \| Judicial Body: Australia: Administrative Appeals Tribunal \| Topic(s): Persecution based on political opinion - Physical harm - Social group discrimination \| Countries: Australia - India
AATA Case No. 1411916 23 June 2016 \| Judicial Body: Australia: Administrative Appeals Tribunal \| Topic(s): 1951 Refugee Convention - Credibility assessment - False documents - Persecution based on political opinion - Political parties \| Countries: Australia - India
AATA Case No. 1507870 6 June 2016 \| Judicial Body: Australia: Administrative Appeals Tribunal \| Topic(s): 1951 Refugee Convention - Persecution based on political opinion - Religious discrimination - Religious persecution (including forced conversion) - Sikh \| Countries: Australia - India
AATA Case No. 1500436 30 May 2016 \| Judicial Body: Australia: Administrative Appeals Tribunal \| Topic(s): 1951 Refugee Convention - Credibility assessment - Persecution based on political opinion - Political groups - Political parties \| Countries: Australia - India

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