Case Law

I have concluded that the evidence establishes that the children would, on a balance of probabilities, suffer serious harm if returned to their habitual residence of Kuwait. Ontario therefore may and should exercise jurisdiction to determine custody and access. I have also concluded that it was an error to order the return of the children pending the determination of their refugee claim.

29 July 2020 | Judicial Body: Canada: Court of Appeal for Ontario | Topic(s): Children's rights - Children-at-risk - Physical harm - Refugee status determination (RSD) / Asylum procedures | Countries: Canada - Kuwait

14 February 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Exhaustion of domestic remedies - Humanitarian protection (including tolerated stay) - Physical harm - Right to life - Security situation | Countries: Russian Federation - Syrian Arab Republic

14 February 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Chinese - Extradition - Minority rights - Physical harm - Prison or detention conditions - Refugee / Asylum law | Countries: Russian Federation - Turkmenistan

26 January 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Physical harm - Political asylum - Prison or detention conditions - Tamil | Countries: Sri Lanka - Switzerland

29 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Armed forces / Military - Christian - Persecution based on political opinion - Physical harm - Religious discrimination - Religious persecution (including forced conversion) - Threats / Intimidation | Countries: Australia - Iraq

6 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Catholic - Credibility assessment - Elections - Persecution based on political opinion - Physical harm - Refugee / Asylum law | Countries: Australia - Sri Lanka

6 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Persecution based on political opinion - Physical harm - Social group discrimination | Countries: Australia - India

6 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Hindu - Persecution based on political opinion - Physical harm - Racial / Ethnic persecution | Countries: Australia - Fiji

1 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Catholic - Complementary forms of protection - Credibility assessment - Freedom of religion - Physical harm - Religious discrimination - Religious persecution (including forced conversion) | Countries: Australia - China