Case Law

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

The panel affirmed the district court’s grant of a temporary restraining order and a subsequent grant of a preliminary injunction enjoining enforcement of a rule and presidential proclamation that, together, strip asylum eligibility from every migrant who crosses into the United States along the southern border of Mexico between designated ports of entry.

28 February 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Entry / Exit - Illegal entry - Non-refoulement - Rejection at border - Right to seek asylum | Countries: United States of America

The Director of Protection and Return of the Coordination of the Mexican Commission of Aid to Refugees of the Ministry of the Interior requested an amparo against the refusal to relapse to the request for recognition of the status of refugee of a woman decided. Articles 18 of the Law on Refugees, Complementary Protection and Political Asylum and 19 of its respective regulations were challenged, which established a 30-day period for submitting an application for refugee recognition and exceptionally, outside of that period, the foreigner person should prove that for reasons beyond his control it was not materially possible to present it in a timely manner. The Second Chamber of the SCJN determined that the term established in the contested regulations is contrary to the right of every person to seek and receive asylum. Furthermore, because the affected person proved to be in the exceptional case and, therefore, the agreement in which the admission of the refugee status application submitted was denied was illegal.

6 February 2020 | Judicial Body: Mexico: Suprema Corte de Justicia de la Nación | Topic(s): Right to seek asylum | Countries: Mexico

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 legislation introduced with the d.l. n. 113 of 2018, converted into l. n. 132 of 2018, in the part in which it modified the pre-existing regulation of the residence permit for humanitarian reasons dictated by art. 5, paragraph 6, of the legislative decree n. 286 of 1998 and other consequential provisions, replacing it with the provision of special cases of residence permits, does not apply in relation to applications for recognition of a residence permit for humanitarian reasons proposed before entry into force (October 5, 2018) of the new law, which will therefore be scrutinized on the basis of the legislation existing at the time of their presentation.

1 March 2019 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Humanitarian protection (including tolerated stay) - Immigration law - Right to seek asylum

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

THE INSTITUTION OF ASYLUM AND ITS RECOGNITION AS A HUMAN RIGHT IN THE INTER-AMERICAN SYSTEM OF PROTECTION (INTERPRETATION AND SCOPE OF ARTICLES 5, 22.7 AND 22.8 IN RELATION TO ARTICLE 1(1) OF THE AMERICAN CONVENTION ON HUMAN RIGHTS)

30 May 2018 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Legal Instrument: 1951 Refugee Convention | Topic(s): Non-refoulement - Refoulement - Refugee status determination (RSD) / Asylum procedures - Right to seek asylum | Countries: Ecuador

16 September 2014 | Judicial Body: France: Tribunal Administratif | Topic(s): Jurisdiction - Right to seek asylum - Visas | Countries: France - Syrian Arab Republic