Case Law

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

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

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

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

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