Case Law

Discrimination; intérêt supérieur de l’enfant; développement de l’enfant; droit de l’enfant d’être entendu dans toute procédure judiciaire ou administrative l’intéressant; protection et assistance humanitaire voulues pour les enfants réfugiés; droit de l’enfant de jouir du meilleur état de santé possible; traitements inhumains ou dégradants

6 October 2021 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Topic(s): Children's rights - Convention on the Rights of the Child (CRC) - Freedom from torture, inhuman and degrading treatment - Rule of law / Due process / Procedural fairness - Statelessness | Countries: Bulgaria - Switzerland - Syrian Arab Republic

23 September 2021 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Burden of proof - Credibility assessment - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Somalia - South Africa

The case concerns the Danish authorities’ decision in 2018 to expel the applicant, with a permanent ban on his re-entry to the country, following his conviction for possession of a firearm. Relying on Article 8 (right to respect for private and family life) of the European Convention, the applicant submits that, in their decisions, the Danish courts failed to weigh in the balance that he did not have a significant criminal past, that he had never been issued with a warning that he might be expelled, and that he had strong ties to Denmark where he has lived with his family since he was four years old.

14 September 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion | Countries: Denmark - Somalia

Relying on Article 2 (right to life) and Article 3 (prohibition on inhuman or degrading treatment), the applicants complain that their expulsion to Syria would put them at grave physical risk. Some of the applicants also complain under Article 13 (right to an effective remedy) that they had no effective domestic remedies in respect of their complaints under Articles 2 and 3 that their detention pending removal was arbitrary and the examination of their complaints against detention orders was not speedy.

14 September 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to life | Countries: Russian Federation - Syrian Arab Republic

preliminary ruling on interpretation of article 40 Directive 2013/32/EU on common procedures for granting and withdrawing international protection

9 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: Austria - Iraq

The request for a preliminary ruling concerns the interpretation of Article 2 (j) of Directive 2011/95 / EU of the European Parliament and of the Council of 13 December 2011 concerning the standards relating to the conditions to be met by third country nationals or stateless persons in order to benefit from international protection, to a uniform status for refugees or persons eligible for subsidiary protection, and to the content of this protection

9 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - Germany

Examination of the same matter under another procedure of international investigation or settlement; non-exhaustion of domestic remedies Risk of torture upon return to country of origin; non-refoulement

31 August 2021 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Freedom from torture, inhuman and degrading treatment - Non-refoulement | Countries: China - Switzerland