Case Law

15 June 2021 | Judicial Body: France: Cour nationale du droit d'asile | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: France - Mali

The case concerned the immediate return to Morocco of two nationals of Mali and Côte d’Ivoire who on 13 August 2014 attempted to enter Spanish territory in an unauthorised manner by climbing the fences surrounding the Spanish enclave of Melilla on the North African coast. The Court considered that the applicants had in fact placed themselves in an unlawful situation when they had deliberately attempted to enter Spain on 13 August 2014 by crossing the Melilla border protection structures as part of a large group and at an unauthorised location, taking advantage of the group’s large numbers and using force. They had thus chosen not to use the legal procedures which existed in order to enter Spanish territory lawfully. Consequently, the Court considered that the lack of individual removal decisions could be attributed to the fact that the applicants – assuming that they had wished to assert rights under the Convention – had not made use of the official entry procedures existing for that purpose, and that it had thus been a consequence of their own conduct. In so far as it had found that the lack of an individualised procedure for their removal had been the consequence of the applicants’ own conduct, the Court could not hold the respondent State responsible for the lack of a legal remedy in Melilla enabling them to challenge that removal.

13 February 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 - Non-refoulement - Rejection at border | Countries: Côte d'Ivoire - Mali - Morocco - Spain

This case was referred to the Grand Chamber on 29/01/2018. The Grand Chamber took a final decision on 13 February 2020, see related documents for the Grand Chamber decision.

3 October 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Effective remedy - Expulsion - Refoulement | Countries: Côte d'Ivoire - Mali - Morocco - Spain

18 April 2011 | Judicial Body: United States Executive Office for Immigration Review (EOIR) | Topic(s): Female genital mutilation (FGM) - Social group persecution | Countries: Mali - United States of America

4 June 2009 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Convention against Torture (CAT) - Deportation / Forcible return - Female genital mutilation (FGM) - Social group persecution - Women-at-risk | Countries: Mali - United States of America

The Attorney General vacated the decision in Matter of Compean, Bangaly & J-E-C-, 24 I&N Dec. 710 (A.G. 2009), and pending the outcome of a rulemaking process, directed the Board of Immigration Appeals and the Immigration Judges to continue to apply the previously established standards for reviewing motions to reopen based on claims of ineffective assistance of counsel.

3 June 2009 | Judicial Body: United States Attorney-General | Topic(s): Deportation / Forcible return - Legal representation / Legal aid | Countries: Mali - United States of America

Subsequently vacated by the Attorney General's decision in Matter of Compean, Bangaly & J-E-C-, 25 I&N Dec. 1 (A.G. 2009).

7 January 2009 | Judicial Body: United States Attorney-General | Topic(s): Asylum-seekers - Criminal justice - Deportation / Forcible return - Legal representation / Legal aid - Rule of law / Due process / Procedural fairness | Countries: Mali - United States of America

22 September 2008 | Judicial Body: United States Attorney-General | Topic(s): Deportation / Forcible return - Female genital mutilation (FGM) - Social group persecution - Well-founded fear of persecution | Countries: Mali - United States of America