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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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[email protected] BINTI MUHAMMAD SIDDIQ & Anor v. COMMANDANT, IMMIGRATION DEPOT BELANTIK, KEDAH & Anor

this Court is of the view that the continued detention of the Applicants at the Belantik Immigration Detention Centre is a direct violation of their rights as a child pursuant to the Convention on the Rights of the Child and the Child Act 2001 which guarantees protection and assistance to be given to children in all circumstances without regard to race, colour, gender, language, religion or distinction of any kind; Based on these reasons, and with the powers vested upon the High Court, I accept the alternative prayer of the Applicants that they are allowed to be placed at a shelter which can protect and provide the necessary welfare to them.

September 2018 | Judicial Body: Malaysia: High Court of Malaya | Topic(s): Arbitrary arrest and detention - Children's rights - Habeas corpus | Countries: Malaysia - Myanmar

OO (Burma -TS remains appropriate CG) Burma [2018] UKUT 00052 (IAC)

1. Whether there has been a change of conditions in Burma to justify a departure from the country guidance in TS. 2. Second, whether this appellant is reasonably likely to be at prospective risk in Burma, given his particular political profile and likely political activities in Burma, in light of TS and / or the updated country conditions. 3. Third, and in the alternative, whether the appellant would be unable to renew his passport or obtain a certificate of identity (‘CoI’) from the Burmese Embassy, with the result that he would be detained on return to Burma.

9 January 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Changes of circumstances in home country - Evidence (including age and language assessments / medico-legal reports) | Countries: Myanmar - United Kingdom of Great Britain and Northern Ireland

Refugee and Migratory Movements Research Unit (RMMRU) v. Government of Bangladesh

31 May 2017 | Judicial Body: Bangladesh: Supreme Court | Legal Instrument: 1951 Refugee Convention | Topic(s): Arbitrary arrest and detention - Non-refoulement - Refugee camps - Right to liberty and security | Countries: Bangladesh - Myanmar

N.H.V -v- Minister for Justice & Equality and ors, [2017] IESC 35

in principle [...] in circumstances where there is no temporal limit on the asylum process, then the absolute prohibition on seeking of employment contained in s.9(4) ( and re-enacted in s.16(3)(b) of the 2015 Act ) is contrary to the constitutional right to seek employment

30 May 2017 | Judicial Body: Ireland: Supreme Court | Topic(s): Right to employment | Countries: Ireland - Myanmar

AE (Myanmar)

12 March 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Family reunification - Immigration law | Countries: Myanmar - New Zealand

Plaintiff B9/2014 v Minister for Immigration

15 October 2014 | Judicial Body: Australia: Federal Circuit Court | Topic(s): Children-at-risk - Flight by land, air or sea - Illegal immigrants / Undocumented migrants | Countries: Australia - Myanmar

RRT Case No. 1311126

3 March 2014 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Rohingya (Arakanese) - Statelessness | Countries: Australia - Myanmar

State v. Ranjeet Singh: In the Court of Nivedita Anil Sharma (Special Fast Track Court), Tis Hazari Courts, Delhi

11 November 2013 | Judicial Body: India: Magistrate Courts | Topic(s): Criminal justice - Sexual and gender-based violence (SGBV) | Countries: India - Myanmar

TS (Political opponents – risk) Burma CGCG v. Secretary of State for the Home Department

21 June 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Countries: Myanmar - United Kingdom of Great Britain and Northern Ireland

Win (s. 83 - order of events) v. Secretary of State for the Home Department

10 October 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Appeal / Right to appeal | Countries: Myanmar - United Kingdom of Great Britain and Northern Ireland

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