Case Law

The Federal Administrative Court (FAC) confirmed that Eritrean citizens whose applications for asylum have been rejected may be deported back to Eritrea even if they risk being called up for national service upon return to Eritrea. The obligation to work for the state, the low pay and the indefinite time of the national service, constitutes a disproportionate burden, but does not prevent the enforcement of a deportation order.

7 June 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Deportation / Forcible return - Eritreans - Rejected asylum-seekers | Countries: Eritrea - Switzerland

On appeal from the Queen's Bench Division, Administrative Court: R (on the application of Rabah, Woldemichael and Saadah) v. Secretary of State for the Home Department,[2009] EWHC 1044 (Admin).

4 December 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Deportation / Forcible return - Immigration Detention - Rejected asylum-seekers - Temporary admission | Countries: Eritrea - Ethiopia - Palestine, State of - United Kingdom of Great Britain and Northern Ireland

Subsequently appealed before the Court of Appeal: R (on the application of MS, AR & FW) v. Secretary of State for the Home Department [2009] EWCA Civ 1310.

18 March 2009 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Deportation / Forcible return - Housing, land and property rights (HLP) - Immigration Detention - Rejected asylum-seekers - Temporary admission | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

4 December 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | 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

Application for permission to appeal from the Asylum and Immigration Tribunal (AIT No. AA/10081/2007).

30 July 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Appeal / Right to appeal - Evidence (including age and language assessments / medico-legal reports) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Rejected asylum-seekers | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland