Case Law

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

6 March 2019 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Torture | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

Non-violation de l'article 5 - Droit à la liberté et à la sûreté (Article 5-1 - Arrestation ou détention régulières)

6 November 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 - Right to liberty and security | Countries: Belgium - Sri Lanka

interpretation of Articles 2(e) and 15(b) of Council Directive 2004/83/EC of 29 April 2004

24 April 2018 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - Mental health - Torture | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

13 March 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

31 January 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Gender-based persecution - Single heads of household - State protection - Women-at-risk | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

26 January 2017 | 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 - Deportation / Forcible return - Physical harm - Political asylum - Prison or detention conditions - Tamil | Countries: Sri Lanka - Switzerland

28 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Persecution based on political opinion - Racial / Ethnic persecution - Refugee camps - Tamil | Countries: Australia - Sri Lanka

6 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Catholic - Credibility assessment - Elections - Persecution based on political opinion - Physical harm - Refugee / Asylum law | Countries: Australia - Sri Lanka

28 June 2016 | Judicial Body: Armenia: Administrative Court of Appeals | Topic(s): 1951 Refugee Convention - Credibility assessment - Discrimination based on race, nationality, ethnicity - Flight by land, air or sea - Persecution based on class/wealth/occupation - Persecution based on political opinion - Persecution of family members - Political groups - Rejected asylum-seekers - Tamil - Unlawful departure | Countries: Australia - Sri Lanka