Case Law

In such circumstances, the Committee considers that the Refugee Appeals Board failed to adequately assess the author’s real, personal and foreseeable risk if he were returned to Afghanistan, which is based not solely on his profile as a former employee of the international forces but also on the risk of future ill-treatment by the Taliban which reasonably follows from his individual circumstances including his past ill-treatment in his country of origin.

18 November 2019 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Afghanistan - Denmark

Petition for review granted, order vacated and decision remanded for proceedings to establish clarity with regards to rejection of claimant's past persecution claim and basing decision on the legal principle that past persecution to family members can be the basis for a past persecution claim.

7 October 2012 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Countries: El Salvador - United States of America

19 March 2012 | Judicial Body: Canada: Federal Court | Topic(s): Combatants / Former combatants - Evidence (including age and language assessments / medico-legal reports) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Canada - Congo, Democratic Republic of the

21 October 2011 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Combatants / Former combatants - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Human rights law - International humanitarian law (IHL) / Geneva Conventions - Military operations - Right to justice - Right to life | Countries:

20 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers - Tamil | Countries: Denmark - Sri Lanka

20 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers - Tamil | Countries: Denmark - Sri Lanka

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20 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers - Tamil | Countries: Denmark - Sri Lanka

20 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers - Tamil | Countries: Denmark - Sri Lanka

20 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers - Tamil | Countries: Denmark - Sri Lanka

Appeal from the United States District Court for the District of Columbia.

18 January 2011 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Topic(s): Combatants / Former combatants - Criminal justice - Freedom from torture, inhuman and degrading treatment - Freedom of information | Countries: United States of America