Case Law

Art 3 ECHR • Expulsion • No risk of ill-treatment in case of removal of Afghan Sikhs to Afghanistan • Adequate assessment of the risks by the domestic authorities • No compelling humanitarian grounds against removal. See also joint partly dissenting opinion on the assessment by the domestic authorities of the foreseeable consequences of the applications to Afghanistan.

25 February 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Sikh | Countries: Afghanistan - Netherlands

6 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Persecution based on political opinion - Religious discrimination - Religious persecution (including forced conversion) - Sikh | Countries: Australia - India

22 March 2016 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Family reunification - Right to family life - Sikh | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

28 August 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Complementary forms of protection - Honour killings - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Sikh - Social group persecution - State protection | Countries: Australia - India

27 September 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Credibility assessment - Persecution based on political opinion - Punjabis - Sikh - Social group persecution | Countries: Australia - India

13 June 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Honour killings - Religious persecution (including forced conversion) - Sikh | Countries: Australia - India

22 May 2013 | Judicial Body: Australia: Refugee Review Tribunal | Countries: Australia - India

4 April 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

7 March 2013 | Judicial Body: Australia: Refugee Review Tribunal | Countries: Australia - India

2 October 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Minorities - Proof of nationality - Refoulement - Religious discrimination - Religious persecution (including forced conversion) - Safe third country - Sikh | Countries: Afghanistan - Belgium