Persons of concern / Asylum-seekers

This decision was about the granting of family asylum to a woman of Tibetan ethnicity. It represent a landmark judgment of the FAC acknowledging the existence of a new specific circumstance that goes against the granting of family asylum. The FAC overrules the decision of the SEM to refuse family asylum and refers the matter back to the SEM for further investigation and reassessment.

1 July 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Asylum-seekers - Family reunification - Refugee / Asylum law - Tibetan | Countries: China - Switzerland

19 June 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

19 June 2020 | Judicial Body: Ireland: Supreme Court | Document type: Case Law | Topic(s): Asylum-seekers - Derivative status - Family reunification | Countries: Ireland - Somalia

For these reasons, the court, unanimously: Decides to join the applications; Declares inadmissible: (i) the first and eighth applicants’ complaints that their detention under the domestic court’s detention orders did not comply with Article 5 § 1 of the Convention and (ii) the sixth, seventh and ninth applicants’ complaints that their detention under the domestic court’s detention orders prior to 10 August, 5 November and 22 May 2012 respectively did not comply with Article 5 § 1 of the Convention; Declares the remainder of the applications admissible; Holds that there has been a violation of Article 5 § 1 of the Convention in respect of second to ninth applicants, on account of lack of records of their arrest and detention prior to the issuance of detention orders in respect of them; Holds that there has been a violation of Article 5 § 1 of the Convention in respect of the second to fifth applicants on account of their detention under the domestic court’s detention orders in the absence of a decision ordering their expulsion; Holds that there has been a violation of Article 5 § 1 of the Convention in respect of the sixth applicant on account of his detention from 10 August to 17 October 2012, in respect of the seventh applicant on account of his detention from 5 to 23 November and in respect of the ninth applicant on account of his detention from 22 May to 17 October 2012; Holds that there has been a violation of Article 5 § 4 of the Convention in respect of the first and the sixth to ninth applicants.

18 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Asylum-seekers - Immigration Detention | Countries: Somalia - Ukraine

10 June 2020 | Publisher: Americas - Miscellaneous | Document type: Country/Situation Specific Position Papers

The judgment deals with the question of when asylum applications must be referred to the extended procedure due to their complexity instead of being decided under the accelerated procedure.

9 June 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Asylum-seekers - Refugee status determination (RSD) / Asylum procedures | Countries: Iran, Islamic Republic of - Switzerland

14 May 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Research, Background and Discussion Papers

The Court is requested to order the voidness of section 4 of the Prevention of Infiltration and Ensuring the Departure of Infiltrators from Israel 5775-2014 (Legislative Amendments and Temporary Provisions) 5775-2014 (hereinafter: the "Amending Law") that obliges foreign workers who entered Israel not through a border crossing (hereinafter: "Infiltrator Workers") and their employers to deposit in a special bank account a total amount at a rate of 36% of the worker's wages that will be paid to the worker only at the time of his departure from Israel (hereinafter: the "Deposit Scheme"). In short, the Petitioners argue that the Deposit Scheme, in general, or in the least some of its components, is unconstitutional and therefore should be voided.

23 April 2020 | Judicial Body: Israel: High Court of Justice | Document type: Case Law | Topic(s): Administrative law - Asylum-seekers - Constitutional law - Illegal entry - Non-refoulement | Countries: Eritrea - Israel - Sudan

18 March 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Policy/Position Papers

March 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports