Afghanistan

The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles").

4 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Arbitrary arrest and detention - Prison or detention conditions | Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from [2014] UKAITUR AA048112013 (3 December 2014)

17 May 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Children-at-risk - Credibility assessment - Mentally disadvantaged persons - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

22 March 2016 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Family reunification - Right to family life - Sikh | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

3 March 2016 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Deportation / Forcible return - Security situation | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

9 July 2015 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Exclusion clauses - Non-refoulement - Refoulement - War crimes | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

9 April 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Children's rights - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

21 November 2013 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Survivors of trafficking / Persons at risk of trafficking | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

11 October 2013 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Deportation / Forcible return - Regional instruments - Right to education - Right to family life - Right to health | Countries: Afghanistan - Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

25 July 2012 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Country of origin information (COI) - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland