Burden / standard of proof / Evidence (including age and language assessments / medico-legal reports)

The issues in the appeal are (1) whether the Court of Appeal erred in law in assessing the lawfulness of the policy guidance by reference to whether it (a) created a real risk of more than a minimal number of children being detained, and/or (b) created a risk which could be avoided if the terms of the policy were better formulated; and (2) whether the Court of Appeal erred in concluding that criterion C, as construed in the context of the relevant policy as a whole, is unlawful.

30 July 2021 | Judicial Body: United Kingdom: Supreme Court | Document type: Case Law | Topic(s): Asylum policy - Evidence (including age and language assessments / medico-legal reports) | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law. 2. Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.

13 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Complementary forms of protection - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Family reunification | Countries: Eritrea - Netherlands

20 November 2014 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Children's rights - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Safe third country - Unaccompanied / Separated children | Countries: Eritrea - Italy - United Kingdom of Great Britain and Northern Ireland

20 November 2014 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Children's rights - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Safe third country - Unaccompanied / Separated children | Countries: Eritrea - Italy - United Kingdom of Great Britain and Northern Ireland

26 August 2014 | Judicial Body: South Africa: High Court | Document type: Case Law | Topic(s): Appeal / Right to appeal - Burden of proof - Eritreans - Ethiopians - Evidence (including age and language assessments / medico-legal reports) - Manifestly unfounded / Clearly abusive claims - Rule of law / Due process / Procedural fairness - Sexual and gender-based violence (SGBV) - Tigreans | Countries: Eritrea - Ethiopia - South Africa

14 May 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Countries: Eritrea - Saudi Arabia - United Kingdom of Great Britain and Northern Ireland

Application for review of two decisions of the Immigration and Refugee Board. Review granted on basis the Board's finding was unreasonable as it lacked due regard to Uganda’s decision to grant refugee status to the applicants and irrelevant and credibility findings were found for one applicant.

29 March 2012 | Judicial Body: Canada: Federal Court | Document type: Case Law | Countries: Canada - Eritrea

On appeal from the High Court of Justice, Queen's Bench Division.

12 October 2010 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Asylum-seekers - Evidence (including age and language assessments / medico-legal reports) - Housing, land and property rights (HLP) - Unaccompanied / Separated children | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

Application for permission to apply for judicial review.

27 August 2009 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Reception - Refugees - Unaccompanied / Separated children | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

4 December 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Rejected asylum-seekers - Unlawful departure | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland