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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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J.R. and Others v. Greece (AFFAIRE J.R. ET AUTRES c. GRÈCE)

The Court found in particular that the applicants had been deprived of their liberty for their first month in the centre, until 21 April 2016 when it became a semi-open centre. The Court was nevertheless of the view that the one-month period of detention, whose aim had been to guarantee the possibility of removing the applicants under the EU-Turkey Declaration, was not arbitrary and could not be regarded as “unlawful” within the meaning of Article 5 § 1 (f). However, the applicants had not been appropriately informed about the reasons for their arrest or the remedies available in order to challenge that detention.

25 January 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security | Countries: Afghanistan - Greece

CASE OF X v. SWEDEN (Application no. 36417/16)

Execution of judgment: http://hudoc.exec.coe.int/ENG?i=004-49349

9 January 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - National security / Public order - Terrorism | Countries: Morocco - Sweden

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

S.F. and Others v. Bulgaria

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

A.L. v Russia

30 November 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Complementary forms of protection - Expulsion - Refoulement | Countries: Russian Federation - South Sudan

The Queen on the application of: 1) HK (Iraq) 2) HH (Iran) 3) SK (Afghanistan) 4) FK (Afghanistan) - and - The Secretary of State for the Home Department

23 November 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

Opinion of Advocate General Bot: A.S. v. Staatssecretaris van Veiligheid en Justitie

16 November 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Family reunification - Refugee status determination (RSD) / Asylum procedures - Right to family life - Unaccompanied / Separated children | Countries: Netherlands

K.I. v. Russia

7 November 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to liberty and security | Countries: Russian Federation - Tajikistan

T.M. and Others v. Russia

7 November 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Non-refoulement - Right to liberty and security | Countries: Russian Federation - Uzbekistan

S.M. c. Espagne

19 October 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Gang related violence - Non-state agents of persecution - Refugees - Right to life | Countries: El Salvador - Spain

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