Iraq

The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles").

4 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Arbitrary arrest and detention - Prison or detention conditions | Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

28 February 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Mandate status - Persons of concern to UNHCR - Resettlement - Right to family life - UNHCR mandate | Countries: Iran, Islamic Republic of - Iraq - Syrian Arab Republic - Türkiye - United Kingdom of Great Britain and Northern Ireland

23 October 2013 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Complementary forms of protection - Generalized violence - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd - Regional instruments | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

29 March 2012 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Citizenship / Nationality law - Denial of nationality - National security / Public order - Right to a nationality - Statelessness - Statelessness Determination Procedures - Terrorism - Withdrawal of nationality | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from the High Court of Justice.

8 July 2010 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Criminal justice - International humanitarian law (IHL) / Geneva Conventions - Right to liberty and security | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal. The decision was subsequently appealed before the UK Supreme Court: [2011] UKSC 22.

18 June 2010 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Appeal / Right to appeal - Complementary forms of protection - EU Qualification Directive - Single procedure | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from the Special Immigration Appeals Commission.

12 March 2010 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Constitutional law - Statelessness - Statelessness - Statelessness Determination Procedures - Withdrawal of nationality | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from Queen's Bench Division, Administrative Court (CO/3004/2008).

25 February 2010 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Fresh / New claim - Manifestly unfounded / Clearly abusive claims - Prosecution vs persecution | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from High Court, Queen’s Bench Division, Administrative Court: [2008] EWHC 1915 (Admin) and [2008] EWHC 2069 (Admin).

30 July 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Asylum policy - Changes of circumstances in home country - Exceptional leave to remain (ELR) - Kurd - Residence permits / Residency | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland