Case Law

This case concerned age-assessment procedures and the placement in adult detention centres of two minors who arrived in Italy.

21 July 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Immigration Detention - Prison or detention conditions - Unaccompanied / Separated children | Countries: Gambia - Guinea - Italy

The Court considered that criminalisation of homosexual acts was not sufficient to render return contrary to the Convention. The Court found, however, that the Swiss authorities had failed to adequately assess the risk of ill-treatment for the first applicant as a homosexual person in the Gambia and the availability of State protection against ill-treatment from non-State actors. Several independent authorities noted that the Gambian authorities were unwilling to provide protection for LGBTI people.

17 November 2020 | 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 - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Gambia - Switzerland

4 February 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Immigration Detention - Prison or detention conditions | Countries: Gambia - Greece

8 July 2015 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Credibility assessment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Afghanistan - Gambia - Netherlands - Uganda

17 December 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Appeal / Right to appeal - Criminal justice - Deportation / Forcible return | Countries: Angola - Gambia - United Kingdom of Great Britain and Northern Ireland

2 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Credibility assessment - EU Qualification Directive - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Afghanistan - Gambia - Netherlands - Uganda

23 October 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Deportation / Forcible return - Mental health - Regional instruments - Right to family life | Countries: Gambia - United Kingdom of Great Britain and Northern Ireland

29 April 2013 | Judicial Body: Malta: Constitutional Court (Qorti Kostituzzjonali) | Countries: Gambia - Libya - Malta