Sri Lanka

On 11 February 2020, the Swiss Federal Administrative Tribunal (TAF) ruled in case F-7195/2018 concerning the Dublin transfer of an asylum seeker to Bulgaria that there are no systemic flaws in the asylum procedure and in the reception conditions for applicants in Bulgaria, and that there is no reason for a complete suspension of Dublin transfers to Bulgaria. The court ruled that the Swiss asylum authority SEM should assess on a case-to-case basis whether a Dublin transfer must be suspended. This examination could include obtaining concrete and prior guarantees from the Bulgarian authorities. A transfer is only possible if the possibility that the asylum-seeker concerned would be subjected to inhuman and degrading treatment on his return to Bulgaria is excluded. In this particular case, the appeal against the transfer decision was made by the applicant, arguing that she suffered from post-traumatic stress disorder which could not be treated adequately in Bulgaria, that she risked not being able to access the regular reception services due to the fact that her asylum application had already been rejected by the Bulgarian authorities, that she even risked being detained and subjected to inhuman conditions and that she finally risked being returned to her country of origin contrary to the principle of non-refoulement. Taking her particular circumstances into account, the TAF quashed the transfer decision and upheld the appeal, ruling that even though there are no systemic deficiencies in the asylum system in Bulgaria, the transfer decision should be based on a detailed analysis of all relevant circumstances of the asylum seeker.

11 February 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Post-traumatic stress disorder (PTSD) - Reception - Rejected asylum-seekers | Countries: Bulgaria - Sri Lanka - Switzerland

4 May 2010 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Country of origin information (COI) - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) - Racial / Ethnic persecution - Tamil | Countries: Australia - Sri Lanka

25 May 2009 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - 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 - Persecution based on political opinion - Persecution of family members - Post-traumatic stress disorder (PTSD) - Social group persecution - Tamil | Countries: Australia - Sri Lanka

On appeal from the Asylum and Immigration Tribunal (HR/01258/2004).

6 November 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Mental health - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) - Rejected asylum-seekers - Right to family life - Tamil | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

10 September 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Deportation / Forcible return - Mental health - Post-traumatic stress disorder (PTSD) - Right to family life | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

Admissibility decision.

2 September 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Mental health - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Political parties - Post-traumatic stress disorder (PTSD) | Countries: Sri Lanka - Sweden

Heard at Field House on 28 May 2008.

23 July 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Appeal / Right to appeal - Asylum policy - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Persecution based on political opinion - Police - Post-traumatic stress disorder (PTSD) | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

6 June 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) - Tamil | Countries: New Zealand - Sri Lanka

Application for judicial review.

1 February 2008 | Judicial Body: Australia: Federal Magistrates Court | Document type: Case Law | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) - Racial / Ethnic persecution - Tamil | Countries: Australia - Sri Lanka

17 January 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Document type: Case Law | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Gender-based persecution - Passports - Post-traumatic stress disorder (PTSD) - Tamil - Women-at-risk | Countries: New Zealand - Sri Lanka