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Human rights / Arbitrary arrest and detention

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The Queen on the application of:1) Hemmati; 2)Khalili;3) Abdulkadir; 4) Mohammed (Appellants) - and - The Secretary of State for the Home Department (Respondent) and Between The Queen on the application of SS (Respondent) -and- The Secretary of State for the Home Department (Appellant)

The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles").

4 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Arbitrary arrest and detention - Prison or detention conditions | Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

The detention of asylum seekers in Europe Constructed on shaky ground?

June 2017 | Publisher: European Council on Refugees and Exiles | Document type: Regional Reports

2016 Country Reports on Human Rights Practices - Austria

3 March 2017 | Publisher: United States Department of State | Document type: Annual Reports

Mohammadi v. Austria

3 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Asylum-seekers - Deportation / Forcible return - Expulsion - Non-refoulement - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Safe third country | Countries: Afghanistan - Austria - Hungary - Serbia

2010 Country Reports on Human Rights Practices - Austria

8 April 2011 | Publisher: United States Department of State | Document type: Annual Reports

2009 Country Reports on Human Rights Practices - Austria

11 March 2010 | Publisher: United States Department of State | Document type: Annual Reports

2008 Country Reports on Human Rights Practices - Austria

25 February 2009 | Publisher: United States Department of State | Document type: Annual Reports

Rusu v. Austria

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

2 October 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Expulsion - Immigration Detention - Passports - Right to liberty and security | Countries: Austria - Romania

2007 Country Reports on Human Rights Practices - Austria

11 March 2008 | Publisher: United States Department of State | Document type: Annual Reports

U.S. Department of State Country Report on Human Rights Practices 2005 - Austria

8 March 2006 | Publisher: United States Department of State | Document type: Annual Reports

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