Case Law

19 August 2019 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Appeal / Right to appeal - Family reunification - Refoulement - Safe third country | Countries: Bangladesh - Canada - Colombia - Jordan - Syrian Arab Republic - United States of America

The panel granted the Department of Homeland Security’s motion for a stay of the district court’s preliminary injunction in an action challenging the Migrant Protection Protocols.

7 May 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Asylum policy - Refoulement | Countries: United States of America

THE INSTITUTION OF ASYLUM AND ITS RECOGNITION AS A HUMAN RIGHT IN THE INTER-AMERICAN SYSTEM OF PROTECTION (INTERPRETATION AND SCOPE OF ARTICLES 5, 22.7 AND 22.8 IN RELATION TO ARTICLE 1(1) OF THE AMERICAN CONVENTION ON HUMAN RIGHTS)

30 May 2018 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Legal Instrument: 1951 Refugee Convention | Topic(s): Non-refoulement - Refoulement - Refugee status determination (RSD) / Asylum procedures - Right to seek asylum | Countries: Ecuador

situation in region and Kabul is likely to be qualified as situation of indiscriminate violence resulting from an internal armed conflict in light of subsidiary protection. In these conditions, the prefect had erred in applying the law by deciding that, instead of authorising to register the application in France, the applicant be transferred to Finland where this country had already rejected the asylum application, expelled and issue an entry ban against the applicant.

13 March 2018 | Judicial Body: France: Cour administrative | Legal Instrument: 1951 Refugee Convention | Topic(s): Generalized violence - Internal armed conflict - Refoulement | Countries: Afghanistan - Finland - France

30 November 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Complementary forms of protection - Expulsion - Refoulement | Countries: Russian Federation - South Sudan

This case was referred to the Grand Chamber on 29/01/2018. The Grand Chamber took a final decision on 13 February 2020, see related documents for the Grand Chamber decision.

3 October 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Effective remedy - Expulsion - Refoulement | Countries: Côte d'Ivoire - Mali - Morocco - Spain

http://www.asylumlawdatabase.eu/en/content/ecthr-na-v-switzerland-no-5036414-ai-v-switzerland-no-2337815-articles-2-and-3-30-may-2017

30 May 2017 | 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 - Persecution based on political opinion - Refoulement - Right to life | Countries: Sudan - Switzerland

http://www.asylumlawdatabase.eu/en/content/ecthr-na-v-switzerland-no-5036414-ai-v-switzerland-no-2337815-articles-2-and-3-30-may-2017

30 May 2017 | Judicial Body: Council of Europe | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refoulement - Right to life | Countries: Sudan - Switzerland