Case Law

Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy), the applicant complained that if removed to Sudan he would be at risk of forced recruitment, persecution because he belonged to a non-Arab ethnic group from Darfur, and more generally, on account of the humanitarian situation in Sudan as a result of the conflict in Darfur. No violation of Article 3 – in the event of the applicant’s removal to Sudan No violation of Article 13 taken together with Article 3

2 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution - Rule of law / Due process / Procedural fairness | Countries: Netherlands - Sudan

28 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Persecution based on political opinion - Racial / Ethnic persecution - Refugee camps - Tamil | Countries: Australia - Sri Lanka

6 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Hindu - Persecution based on political opinion - Physical harm - Racial / Ethnic persecution | Countries: Australia - Fiji

16 April 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution - Uzbek | Countries: Kyrgyzstan - Russian Federation

23 July 2014 | Judicial Body: United States Court of Appeals for the First Circuit | Topic(s): Armed forces / Military - Evidence (including age and language assessments / medico-legal reports) - Gang related violence - Indigenous persons - Persecution based on political opinion - Racial / Ethnic persecution - Social group persecution | Countries: Guatemala - United States of America

22 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Effective remedy - Freedom from torture, inhuman and degrading treatment - Muslim - Prison or detention conditions - Racial / Ethnic persecution - Religious persecution (including forced conversion) - Right to liberty and security - Right to life - Uighur | Countries: China - Türkiye

Replaced by ZMM (Article 15(c)) Libya CG [2017] UKUT 00263 (IAC) in respect of the assessment of the art 15(c) risk.- 28.06.17

14 July 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Effective protection - Gender-based persecution - Honour killings - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Sexual and gender-based violence (SGBV) - Women-at-risk | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

23 December 2013 | Judicial Body: France: Cour nationale du droit d'asile | Topic(s): Credibility assessment - Mental health - Post-traumatic stress disorder (PTSD) - Racial / Ethnic persecution | Countries: Congo, Democratic Republic of the - France

7 November 2013 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Topic(s): Convention against Torture (CAT) - Racial / Ethnic persecution - Religious persecution (including forced conversion) | Countries: Indonesia - United States of America

4 October 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Persecution based on political opinion - Racial / Ethnic persecution - Social group persecution | Countries: Australia - Pakistan