Case Law

The issues in the appeal are (1) whether the Court of Appeal erred in law in assessing the lawfulness of the policy guidance by reference to whether it (a) created a real risk of more than a minimal number of children being detained, and/or (b) created a risk which could be avoided if the terms of the policy were better formulated; and (2) whether the Court of Appeal erred in concluding that criterion C, as construed in the context of the relevant policy as a whole, is unlawful.

30 July 2021 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Asylum policy - Evidence (including age and language assessments / medico-legal reports) | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

26 January 2021 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Asylum policy - Children-at-risk - Economic, social and cultural rights - Reception | Countries: Greece

6 July 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Asylum policy - Entry / Exit - Non-refoulement - Right to seek asylum | Countries: United States of America

2 August 2019 | Judicial Body: United States District Courts | Topic(s): Access to procedures - Asylum policy - Asylum-seekers - Illegal entry - Refugee status determination (RSD) / Asylum procedures - Right to seek asylum | Countries: El Salvador - Guatemala - Honduras - Mexico - Nicaragua - United States of America

The panel granted the Department of Homeland Security’s motion for a stay of the district court’s preliminary injunction in an action challenging the Migrant Protection Protocols.

7 May 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Asylum policy - Refoulement | Countries: United States of America

31 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum policy - Expulsion | Countries: Georgia - Russian Federation

19 December 2018 | Judicial Body: United States District Courts | Topic(s): Asylum policy - Illegal entry - Non-refoulement - Right to seek asylum | Countries: United States of America

7 December 2018 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Asylum policy - Illegal entry - Non-refoulement - Right to seek asylum - Rule of law / Due process / Procedural fairness | Countries: United States of America