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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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case nos. 17LY02181 – 17LY02184

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

OPINION OF LORD TYRE In the petition O M (Petitioner) against SECRETARY OF STATE FOR THE HOME DEPARTMENT (Respondent) [2018] CSOH 17

The observation by the court in MIAB at paragraph 68 that many of the time-limits in the Dublin III Regulation are solely intended to regulate the position as between different member states is, at least as regards the six month time limit in article 29(1), inconsistent with the Court’s ruling that an applicant is entitled to rely upon expiry of the time limit in order to resist a transfer to the requested state. The same goes for the obiter observation of the Lord Ordinary in BM at paragraph 26 that the time limits in article 29(1) are solely intended to regulate the matter between member states. nothing in Shiri that casts any doubt on the correctness of the views expressed in both MIAB and BM regarding the suspensive effect of an administrative cancellation of removal directions falling within article 27(4).

12 March 2018 | Judicial Body: United Kingdom: Court of Session (Scotland) | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Suspensive effect | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

The Queen on the application of: 1) HK (Iraq) 2) HH (Iran) 3) SK (Afghanistan) 4) FK (Afghanistan) - and - The Secretary of State for the Home Department

23 November 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

Verwaltungsgericht Düsseldorf

10 November 2017 | Judicial Body: Germany: Verwaltungsgericht | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception | Countries: Germany - Greece

Majid Shiri

25 October 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Effective remedy - Refugee status determination (RSD) / Asylum procedures | Countries: Austria - Bulgaria - Iran, Islamic Republic of

Hibaq Said Hashi v. Demark

9 October 2017 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Denmark - Italy - Somalia

Mohammad Khir Amayry v Migrationsverket (Sweden)

13 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Immigration Detention - Refugee status determination (RSD) / Asylum procedures | Countries: Sweden

Slovak Republic and Hungary v Council of the European Union

6 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Forced relocation - Refugee status determination (RSD) / Asylum procedures | Countries: Hungary - Slovakia

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

Tsegezab Mengesteab v Bundesrepublik Deutschland

26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Asylum policy - Deportation / Forcible return - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures | Countries: Eritrea - Germany

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