Y.B. and N.S. v. Belgium
Denial of humanitarian visa to child taken in under kafalah (fostering arrangement) by a Belgian-Moroccan couple 27 September 2018 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Topic(s): Children's rights - Convention on the Rights of the Child (CRC) - Discrimination based on race, nationality, ethnicity - Family reunification | Countries: Belgium - Morocco |
Decisions 20802/25.9.2018 and 20898/26.9.2018 of the 9th Independent Appeals Committee (administrative body, second instance)
25 September 2018 | Judicial Body: Greece: Administrative Court (First Instance) of Athens | Topic(s): Deportation / Forcible return - Foreign occupation - Safe third country | Countries: Greece - Syrian Arab Republic - Turkey |
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 |
Ordinanza n. 22233/18
2 September 2018 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Religious discrimination | Countries: Italy - Pakistan |
[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 |
THE MATTER OF ANUDO OCHIENG ANUDO V. UNITED REPUBLIC OF TANZANIA
In the instant case, the Applicant maintains that he is of Tanzanian nationality, which is being contested by the Respondent state. ln the circumstance, it is necessary to establish on whom lies the burden of proof. lt is the opinion of the Court that, since the Respondent State is contesting the Applicant's nationality held since his birth on the basis of legal documents established by the Respondent State itself, the burden is on the Respondent state to prove the contrary. 22 August 2018 | Judicial Body: African Court on Human and Peoples' Rights | Topic(s): Burden of proof - Effective remedy - Expulsion - Withdrawal of nationality | Countries: Tanzania, United Republic of |
A.N. v. Switzerland
the State party has an obligation to refrain from forcibly returning the complainant to Italy and to continue complying with its obligation to provide the complainant, in full consideration with him, with rehabilitation through medical treatment. 3 August 2018 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Freedom from torture, inhuman and degrading treatment | Countries: Eritrea - Italy - Switzerland |
Arrêt F-3045/2016 du 25 juillet 2018
The right to family reunion derived from the European Convention on Human Rights (ECHR) does not expire when the child who could benefit from it reaches the age of majority during the procedure. This easing of the case law, which takes into account recent judgments of the European Court of Human Rights, also has procedural implications 25 July 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Family reunification - Right to family life | Countries: Cameroon - Switzerland |
The Queen (on the application of MS) (a child by his litigation friend MAS) v Secretary of State for the Home Department
whether MAS, who is lawfully present in the UK, is the brother of MS, an unaccompanied minor who has made an asylum application in France; whether the UK has a duty of investigation once it receives a take charge request and the scope of any such duty 19 July 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Family reunification | Countries: Afghanistan - France - United Kingdom of Great Britain and Northern Ireland |
B.D.(Bhutan and Nepal) -v- The Minister for Justice and Equality & ors
17 July 2018 | Judicial Body: Ireland: High Court | Topic(s): Habitual residence - Refugee status determination (RSD) / Asylum procedures - Statelessness - Withdrawal of nationality | Countries: Bhutan - Ireland - Nepal |