Last Updated: Wednesday, 17 May 2023, 15:20 GMT

Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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OPINION OF ADVOCATE GENERAL RICHARD DE LA TOUR in Case C‑621/21 (Request for a preliminary ruling from the Administrativen sad Sofia-grad (Administrative Court, Sofia, Bulgaria))

20 April 2023 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Domestic violence - Forced marriage - Non-state agents of persecution - Sexual and gender-based violence (SGBV) - Social group persecution - Women-at-risk | Countries: Bulgaria - Türkiye

A.D. v. Greece, Application no. 55363/19

4 April 2023 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Prison or detention conditions - Reception | Countries: Greece

2020HunGa1 & 2021HunHa10 (combined)

23 March 2023 | Judicial Body: Republic of Korea: Constitutional Court | Topic(s): Arbitrary arrest and detention - Constitutional law - Immigration law | Countries: Egypt - Korea, Republic of

L.G. tegen Staatssecretaris van Justitie en Veiligheid, verzoek om prejudiciele beslissing, C‑745/21

16 February 2023 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Children's rights | Countries: Lithuania - Netherlands - Syrian Arab Republic

Case no. 1516 (Council of Ministers of the Republic of Bulgaria v. Foundation for access to rights)

13 February 2023 | Judicial Body: Bulgaria: Supreme Administrative Court | Topic(s): Right to food - Temporary protection | Countries: Bulgaria - Ukraine

AFFAIRE R.M. ET AUTRES c. POLOGNE (Requête no 11247/18)

9 February 2023 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Children's rights - Expulsion - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: Poland - Russian Federation

AFFAIRE M.K. ET AUTRES c. FRANCE (Requêtes nos 34349/18, 34638/18 et 35047/18)

The ECtHR considered it more appropriate to examine the complaints concerning the failure of France to comply with the interim relief orders of the Administrative Court ordering that the applicants must be taken into emergency accommodation and the absence of an effective emergency procedure for the enforcement of an interim relief order solely under Article 6 ECHR (§§ 91, 92). The ECtHR considered that the decision to grant or refuse emergency accommodation constituted a civil right and thus held that Article 6 § 1 ECtHR was applicable. The case concerned asylum-seekers who were without accommodation at the time of the events, and in whose favour the urgent-applications judge of the administrative court ordered the State to provide them with emergency accommodation.

30 December 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Exhaustion of domestic remedies - Rule of law / Due process / Procedural fairness | Countries: Congo, Democratic Republic of the - France - Georgia

MIG 2021:20, case no. UM5998-21

20 December 2022 | Judicial Body: Sweden: Migration Court of Appeal (Migrationsöverdomstolen) | Legal Instrument: 2013 Recast Reception Conditions Directive (EU) | Topic(s): Deportation / Forcible return - Immigration Detention - Residence permits / Residency | Countries: Sweden

CASE OF GASHKOV AND SATIROV v. RUSSIA (Applications nos. 31147/20 and 772/21)

The applicants complained of the deficiencies in the proceedings for review of the lawfulness of detention

15 December 2022 | 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 | Countries: Russian Federation

EMAP (Gang violence – Convention Reason) El Salvador CG v. Secretary of State for the Home Department [2022] UKUT 00335 (IAC)

The main determination in this case is whether harm amounts to persecution for one of the five reasons set out in the Refugee Convention. The Court considered country background of El-Salvador to assess and determine if the appellant has a well-founded fear/risk of persecution for reasons relating to membership of a particular social group and different political opinion.

15 December 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts of persecution - Asylum-seekers - EU Qualification Directive - Gang related violence | Countries: El Salvador - United Kingdom of Great Britain and Northern Ireland

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