Case Law

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

29 November 2011 | Judicial Body: Malta: Civil Court, First Hall (Constitutional Jurisdiction) (Qorti Civili, Prim' Awla (Gurisdizzjoni Kostituzzjonali)) | Countries: Libya - Malta - Somalia

Petition for review denied as “firm resettlement” in a third country prior to arrival in the United States bars an alien from obtaining asylum.

19 September 2011 | Judicial Body: United States Court of Appeals for the Second Circuit | Countries: Cameroon - Chile - Guatemala - United States of America

31 August 2011 | Judicial Body: Australia: High Court | Topic(s): Asylum-seekers - Deportation / Forcible return - Immigration Detention - Non-refoulement - Refugees - Safe third country - Treaties / Agreements / Charters / Protocols / Conventions / Declarations - Unaccompanied / Separated children | Countries: Afghanistan

16 August 2011 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Non-refoulement - Safe third country | Countries: Afghanistan - Switzerland

23 June 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Deportation / Forcible return - Effective remedy - Manifestly unfounded / Clearly abusive claims - Persecution based on political opinion - Refoulement - Safe third country - Suspensive effect | Countries: Czech Republic - Guinea

22 June 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Blood feuds - Grounds for persecution - Persecution based on political opinion - Safe third country - Well-founded fear of persecution | Countries: Albania - Australia

3 June 2011 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Multiple nationality - Safe third country | Countries: Australia

12 May 2011 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Resettlement - Safe third country | Countries: Mauritania

4 May 2011 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Assyrians - Christian - Mental health - Multiple nationality - Religious persecution (including forced conversion) - Safe third country | Countries: New Zealand

3 May 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Freedom from torture, inhuman and degrading treatment - Grounds for persecution - Non-state agents of persecution - Safe third country - Social group persecution - State protection | Countries: Australia