Case Law

For UNHCR’s intervention at the district court level, see the Brief of the United Nations High Commissioner for Refugees as Amicus Curaie in Support of Plaintiff’s Cross-Motion for Summary Judgment in case Grace, et. al., Plaintiffs, v. Jefferson Beauregard Sessions III, in his Official Capacity as Attorney General of the United States, et. al., Defendants. For UNHCR’s intervention in this case, see Brief of Amicus Curiae United Nations High Commissioner for Refugees in Support of Plaintiffs-Appellees in case Grace, et. al., Plaintiffs-Appellees, v. William P. Barr, Attorney General, et. al., Defendants-Appellants. From the Court: "Twelve asylum seekers challenge a host of executive-branch policies adopted to implement the expedited-removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), [...]. Broadly speaking, the challenged policies concern how asylum officers determine whether an alien has demonstrated a “credible fear” of persecution, a threshold showing that permits an alien who would otherwise be immediately deported to seek asylum in the United States. The asylum seekers principally argue that the policies raise the bar for demonstrating a credible fear of persecution far above what Congress intended and that the Attorney General and various agencies violated the Administrative Procedure Act (APA), [...] by failing to adequately address important factors bearing on the policies’ adoption. Largely on these grounds, the district court found the policies inconsistent with IIRIRA, the Immigration and Nationality Act (INA), [...] seq., and the APA, and enjoined their enforcement. For the reasons set forth in this opinion, we affirm in part and reverse in part."

20 May 2021 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Topic(s): Agents of persecution - Burden of proof - State protection | Countries: United States of America

https://www.bvger.ch/bvger/de/home/rechtsprechung/entscheiddatenbank-bvger.html

30 January 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Legal Instrument: 1951 Refugee Convention | Topic(s): Agents of persecution - Security situation | Countries: Afghanistan - Switzerland

26 August 2014 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Agents of persecution - Domestic violence - Gender-based persecution - Sexual and gender-based violence (SGBV) - Social group persecution | Countries: El Salvador - Guatemala - United States of America

On writ of certiorari to the United States Court of Appeals for the Fifth Circuit: Negusie v. Gonzales, Attorney General, 15 May 2007.

3 March 2009 | Judicial Body: United States Supreme Court | Topic(s): Acts of persecution - Agents of persecution - Convention against Torture (CAT) - Deportation / Forcible return - Exclusion clauses - Freedom from torture, inhuman and degrading treatment | Countries: Eritrea - United States of America

29 August 2007 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Agents of persecution - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Muslim - Persecution based on political opinion - Rejected asylum-seekers - Religious persecution (including forced conversion) - Tamil | Countries: New Zealand - Sri Lanka

29 March 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Agents of persecution - Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

20 December 2006 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Agents of persecution - Grounds for persecution - Non-state agents of persecution - Persecution based on political opinion | Countries: Australia - Nepal

On Petition for Review of an Order of the Board of Immigration Appeals. (A96-271-698). Argued: October 25, 2006; Decided: December 15, 2006.

15 December 2006 | Judicial Body: United States Court of Appeals for the Fourth Circuit | Topic(s): Agents of persecution - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: Congo, Republic of the - United States of America