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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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X v. Staatssecretaris van Justitie en Veiligheid Case C‑69/21

The Court adopted the view that a return decision or removal order does not infringe the right to respect for the private life of a third-country national concerned on the sole ground that, if he or she were returned to the receiving country, that national would be exposed to the risk that his or her state of health deteriorates, where such a risk does not reach the severity threshold required under Article 4 of the Charter. Nonetheless, the Court ruled that the national's state of health and the care received must be considered by the competent national authority, along with other relevant factors (such as social ties, dependency, and health fragility), when determining whether the national's right to respect for private life precludes removal.

22 November 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Border controls - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to health | Countries: Netherlands - Russian Federation

A.S. v Republika Slovenija

26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Border controls - Border crossers - Deportation / Forcible return - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures - Rejection at border | Countries: Slovenia - Syrian Arab Republic

Khadija Jafari and Zainab Jafari (Austria)

26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Border controls - Border crossers - Refugee status determination (RSD) / Asylum procedures - Transit - Visas | Countries: Afghanistan - Austria

Kebe and others v. Ukraine

12 January 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Border controls - Effective remedy - Grounds for persecution - Refugee status determination (RSD) / Asylum procedures | Countries: Djibouti - Eritrea - Ukraine

Adam and others v. The Knesset and others (7146/12); Doe and others v. Ministry of Interior and others (1192/13); Tahangas and others v. Ministry of Interior (1247/13)

For related decisions see Tashuma Noga Desta et al. v. The Knesset et al. & Eitan – Israeli Immigration Policy Center et al. v. The Israeli Government et al. These decisions deal with Amendments 3, 4 and 5 to the Law for the Prevention of Infiltration taken by the Supreme Court in its capacity as the High Court of Justice.

16 September 2013 | Judicial Body: Israel: Supreme Court | Topic(s): Access to procedures - Asylum-seekers - Border controls - Effective remedy - Freedom of movement - Non-refoulement - Refugees - Rejection at border - Right to seek asylum - Rule of law / Due process / Procedural fairness | Countries: Israel

Adam and others v. The Knesset and others (7146/12); Doe and others v. Ministry of Interior and others (1192/13); Tahangas and others v. Ministry of Interior (1247/13)

For related decisions see Tashuma Noga Desta et al. v. The Knesset et al. & Eitan – Israeli Immigration Policy Center et al. v. The Israeli Government et al. These decisions deal with Amendments 3, 4 and 5 to the Law for the Prevention of Infiltration taken by the Supreme Court in its capacity as the High Court of Justice.

16 September 2013 | Judicial Body: Israel: Supreme Court | Topic(s): Access to procedures - Asylum-seekers - Border controls - Effective remedy - Freedom of movement - Non-refoulement - Refugees - Rejection at border - Right to seek asylum - Rule of law / Due process / Procedural fairness | Countries: Israel

Violetta Mukhamadiva v. Director General, Department of Home Affairs and the Minister of Home Affairs

23 October 2012 | Judicial Body: South Africa: High Court | Topic(s): Access to procedures - Airports - Border controls - Deportation / Forcible return - Refoulement | Countries: South Africa

Dennis Ssemakula and 9 others v. The Minister of Home Affairs and 3 others

5 March 2012 | Judicial Body: South Africa: High Court | Topic(s): Access to procedures - Border controls - Pre-entry procedures - Reception - Registration | Countries: South Africa

Mogul v Minister of Home Affairs re Mustafa

Judgement made on 29 July 2008.

29 July 2008 | Judicial Body: South Africa: High Court | Topic(s): Asylum policy - Border controls - Criminal justice - Deportation / Forcible return - Illegal entry - Immigration Detention - Refugee / Asylum law | Countries: South Africa

R (on the application of Baydak) v. Secretary of State for the Home Department

Application for judicial review.

28 January 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Airports - Border controls - Deportation / Forcible return - Kurd - Persecution based on political opinion - Rejected asylum-seekers | Countries: Türkiye - United Kingdom of Great Britain and Northern Ireland

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