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Human rights / Arbitrary arrest and detention

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The Queen on the application of:1) Hemmati; 2)Khalili;3) Abdulkadir; 4) Mohammed (Appellants) - and - The Secretary of State for the Home Department (Respondent) and Between The Queen on the application of SS (Respondent) -and- The Secretary of State for the Home Department (Appellant)

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

The detention of asylum seekers in Europe Constructed on shaky ground?

June 2017 | Publisher: European Council on Refugees and Exiles | Document type: Regional Reports

2016 Country Reports on Human Rights Practices - Bulgaria

3 March 2017 | Publisher: United States Department of State | Document type: Annual Reports

Protecting Stateless Persons from Arbitrary Detention in Bulgaria

November 2016 | Publisher: European Network on Statelessness | Document type: Country Reports

A. gegen Staatssekretariat für Migration

2 May 2016 | Judicial Body: Switzerland: Federal Court | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Burden-sharing and international co-operation - Immigration Detention - Regional instruments | Countries: Afghanistan - Bulgaria - Switzerland

2015 Country Reports on Human Rights Practices - Bulgaria

13 April 2016 | Publisher: United States Department of State | Document type: Annual Reports

Fear and Fences: Europe's Approach to Keeping Refugees at Bay

17 November 2015 | Publisher: Amnesty International | Document type: Country Reports

Angov v. Lynch, Attorney General

23 July 2015 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Document type: Case Law | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Discrimination based on race, nationality, ethnicity - Minority rights - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness - Threats / Intimidation | Countries: Bulgaria - United States of America

2013 Country Reports on Human Rights Practices - Bulgaria

27 February 2014 | Publisher: United States Department of State | Document type: Annual Reports

Amie and others v. Bulgaria

12 February 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Expulsion - Right to family life - Statelessness | Countries: Bulgaria

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