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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
Showing 1-10 of 190 results
MIG 2021:20, case no. UM5998-21

20 December 2022 | Judicial Body: Sweden: Migration Court of Appeal (Migrationsöverdomstolen) | Legal Instrument: 2013 Recast Reception Conditions Directive (EU) | Topic(s): Deportation / Forcible return - Immigration Detention - Residence permits / Residency | Countries: Sweden

Switzerland: Judgement F-724/2020 of 30 September 2022

This case concerned the right of a refugee to change residency between Cantons in Switzerland.

30 September 2022 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Residence permits / Residency | Countries: Switzerland

R (on the application of AZ) v Secretary of State for the Home Department (statelessness "admissible") [2021] UKUT 00284 (IAC)

1. The word “admissible” must mean in the context of paragraph 403(c) the ability to enter lawfully and reside lawfully. “Admissible” does not incorporate the concept of “permanent residence”. 2. The Statelessness Convention does not impose a requirement on contracting parties to grant either permanent residence or citizenship.

25 March 2021 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1954 Statelessness Convention | Topic(s): Entry / Exit - Residence permits / Residency - Statelessness | Countries: Kuwait - United Kingdom of Great Britain and Northern Ireland

Switzerland: Judgement FAC E-7092_2017 of 25 January 2021[1542]

The TAF decided in a principle judgment that the right to family life should be taken into account in a Dublin procedure, even if the family member in Switzerland does not have a secure right of residence.

25 January 2021 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Family reunification - Refugee / Asylum law - Residence permits / Residency | Countries: Switzerland - Syrian Arab Republic

Supreme Administrative Court decision of 25 November 2020 - KHO:2020:219

Having confirmed the FIS’s decision to cease subsidiary protection and to refuse residence permission, the Supreme Administrative Court upheld the decision to deport.

25 November 2020 | Judicial Body: Finland: Supreme Administrative Court | Topic(s): Complementary forms of protection - Mental health - Residence permits / Residency | Countries: Finland - Iraq

Switzerland: Judgement FAC E-3822_2019 of 28 oct. 2020[1532]

The FAC has ruled that the SEM has to apply the principle of proportionality, which generally applies to revocation of residence permits, in cases where temporary admission is withdrawn. The FAC found that the temporary admission of the appellant, an Eritrea national, should be maintained.

28 October 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Asylum-seekers - Residence permits / Residency | Countries: Eritrea - Switzerland

Ahmed and Others v Minister of Home Affairs and Another (CCT273/17)

Immigration Directive 21 of 2015 — validity of directive — imposes blanket ban on asylum seekers applying for visas under Immigration Act 13 of 2002 — inconsistent with Immigration Act — invalid

9 October 2018 | Judicial Body: South Africa: Constitutional Court | Topic(s): Residence permits / Residency - Visas | Countries: South Africa

Judgement FAC F-2888/2017 of 26 Sept. 2018

The Court recalls that the exemption clause for asylum is based on restrictive conditions. Under the Asylum Act (AsylA) and subject to the SEM’s approval, a residence permit may be granted in accordance with the applicable provisions on asylum to any person who has stayed in Switzerland for at least five years from the date the asylum application was submitted, whose place of residence has always been known to the authorities and for whom it is a case of serious hardship due to a high level of integration. The appellant fulfils the first two conditions. With respect to the third condition, the Court underlines, in particular, the misuse of procedures for the purpose of artificially extending the appellant’s stay. It reached the conclusion that the person’s track record in Switzerland to date was not of a nature that justified the granting of a residence permit.

26 September 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Rejected asylum-seekers - Residence permits / Residency | Countries: Russian Federation - Switzerland

CASE OF T.C.E. v. GERMANY (Application no. 58681/12)

in a case which concerns family life as well as immigration, the extent of a State’s obligations will vary according to the particular circumstances of the persons involved and the general interest.

1 March 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Rejected asylum-seekers - Residence permits / Residency - Right to family life | Countries: Germany - Nigeria

Arrêt n°18/2018

The court annulled article 1 of the Law of 15 december 1980 on aliens on the grounds that, the absence of an derogatory regime to the benefit of stateless persons for the fee due in the residence regularisation procedure, constitutes an unjustified difference of treatment between refugees and stateless persons. The absence of an automatic right of residence implies that, de facto, stateless persons have to pay this fee whilst refugees do not.

22 February 2018 | Judicial Body: Belgium: Cour constitutionnelle | Topic(s): Access to procedures - Equality before the law - Residence permits / Residency - Statelessness | Countries: Belgium

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