China

In a landmark judgment, the Federal Administrative Court acknowledged the existence of a new specific circumstance that goes against the granting of family asylum. In addition, it considered that the result of the assessment of evidence made in the original, already concluded, asylum procedure cannot be simply transposed to the subsequent family asylum procedure. The right to be heard must be granted again and the results assessed separately.

1 July 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life - Rule of law / Due process / Procedural fairness | Countries: China - Switzerland

The court granted a petition for review of the Board’s denial of a motion to reopen removal proceedings.

1 April 2015 | Judicial Body: United States Court of Appeals for the Seventh Circuit | Topic(s): Appeal / Right to appeal - Forced sterilization / Abortion - Rule of law / Due process / Procedural fairness - Well-founded fear of persecution | Countries: China - United States of America

17 May 2012 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Rule of law / Due process / Procedural fairness | Countries: Australia - China

10 August 2011 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Rule of law / Due process / Procedural fairness | Countries: Australia - China

23 December 2009 | Judicial Body: Australia: Federal Court | Topic(s): Rejected asylum-seekers - Rule of law / Due process / Procedural fairness | Countries: Australia - China

11 December 2009 | Judicial Body: Australia: Federal Court | Topic(s): Credibility assessment - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Australia - China

On appeal from the Full Court of the Federal Court of Australia: SZKTI v. Minister for Immigration and Citizenship [2008] FCAFC 83 (28 May 2008).

26 August 2009 | Judicial Body: Australia: High Court | Topic(s): Christian - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Religious persecution (including forced conversion) - Rule of law / Due process / Procedural fairness | Countries: Australia - China

26 August 2009 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Falun Gong - Religious persecution (including forced conversion) - Rule of law / Due process / Procedural fairness | Countries: Australia - China

Application for judicial review.

4 May 2009 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Credibility assessment - Criminal justice - Human rights activists - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Australia - China

Appeal from a judgment of the Federal Magistrate Court of Australia and applications for judicial review relating to two decisions of the Refugee Review Tribunal.

1 May 2009 | Judicial Body: Australia: Federal Court | Topic(s): Ahmadis - Evidence (including age and language assessments / medico-legal reports) - Falun Gong - Non-state agents of persecution - Persecution based on political opinion - Religious persecution (including forced conversion) - Rule of law / Due process / Procedural fairness | Countries: Australia - China