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Administration of justice / Rule of law / Due process / Procedural fairness

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CASE OF MUQISHTA v. BOSNIA AND HERZEGOVINA (Application no. 27994/19)

31 August 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Mental health - Rule of law / Due process / Procedural fairness | Countries: Bosnia and Herzegovina - Serbia

UNHCR legal observations on the amendments to the Law of the Republic of Lithuania on Legal Status of Aliens (No XIV-506)

28 July 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

UNHCR's Comments on the Legislative Amendment Proposal to the Refugee Act of the Republic of Korea

17 February 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Technical Guidance: Child Friendly Procedures

2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Operational Guidelines

Submission by the Office of the United Nations High Commissioner for Refugees in the case of N.E. and Others v. Greece (Appl. no. 8716/20) before the European Court of Human Rights

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

UNHCR observations on the draft amendments to the Law on Refugees and Asylum and the Administrative Procedure Code of the Republic of Armenia

September 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Arrêt E-1813/2019 du 1er juillet 2020

In a landmark judgment, the Federal Administrative Court acknowledged the existence of a new specific circumstance that goes against the granting of family asylum. In addition, it considered that the result of the assessment of evidence made in the original, already concluded, asylum procedure cannot be simply transposed to the subsequent family asylum procedure. The right to be heard must be granted again and the results assessed separately.

1 July 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life - Rule of law / Due process / Procedural fairness | Countries: China - Switzerland

Urteil vom 9. Juni 2020

It finds that, although asylum-seekers are not entitled to have their asylum application processed in one of the two types of procedures, an infringement of the right to an effective appeal within the meaning of Article 29a of the Swiss Federal Constitution and Article 13 in relation to Article 3 ECHR may arise if, despite the complexity of the matter, a decision is made, incorrectly, not to opt for an extended procedure and therefore the short time limit for appeal applies instead of the standard one.

9 June 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Appeal / Right to appeal - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness

CASE OF S.A. v. THE NETHERLANDS (Application no. 49773/15)

Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy), the applicant complained that if removed to Sudan he would be at risk of forced recruitment, persecution because he belonged to a non-Arab ethnic group from Darfur, and more generally, on account of the humanitarian situation in Sudan as a result of the conflict in Darfur. No violation of Article 3 – in the event of the applicant’s removal to Sudan No violation of Article 13 taken together with Article 3

2 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution - Rule of law / Due process / Procedural fairness | Countries: Netherlands - Sudan

Practical Recommendations and Good Practice to Address Protection Concerns in the Context of the COVID-19 Pandemic

9 April 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: General Comments/Recommendations

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