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Protection / Non-refoulement

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Brief of Amicus Curiae United Nations High Commissioner for Refugees in Support of Respondents in the case of Arizona et al. v. Alejandro Mayorkas

9 February 2023 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

X v. Staatssecretaris van Justitie en Veiligheid Case C‑69/21

The Court adopted the view that a return decision or removal order does not infringe the right to respect for the private life of a third-country national concerned on the sole ground that, if he or she were returned to the receiving country, that national would be exposed to the risk that his or her state of health deteriorates, where such a risk does not reach the severity threshold required under Article 4 of the Charter. Nonetheless, the Court ruled that the national's state of health and the care received must be considered by the competent national authority, along with other relevant factors (such as social ties, dependency, and health fragility), when determining whether the national's right to respect for private life precludes removal.

22 November 2022 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Border controls - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to health | Countries: Netherlands - Russian Federation

B.T.M. v. Suisse

The Swiss authorities' decision to return a Zimbabwean national to his country of origin violated Article 3 of the Convention against Torture. The right to an effective remedy contained in Article 3 requires an opportunity for an effective, independent and impartial review of the decision to expel or return when there is a plausible allegation that issues under Article 3 arise.

11 November 2022 | Judicial Body: UN Committee Against Torture (CAT) | Document type: Case Law | Topic(s): Convention against Torture (CAT) - Non-refoulement | Countries: Switzerland

H46-11 Ilias and Ahmed group v. Hungary (Application No. 47287/15) - Supervision of the execution of the European Court's judgments

22 September 2022 | Publisher: Council of Europe: Committee of Ministers | Document type: Decisions

Case of O.M. and D.S. v. Ukraine (Application no. 18603/12)

For these reasons, the Court, unanimously,Joins to the merits the Government’s objection as to the first applicant’s victim status regarding her complaint under Article 3 of the Convention and rejects it; Declares the first applicant’s complaints under Articles 3 and 13 of the Convention concerning her removal from Ukraine and the alleged lack of effective domestic remedies in that regard admissible and the applicants’ remaining complaints under Articles 3, 5 and 13 inadmissible; Holds that there has been a violation of Article 3 of the Convention; Holds that there is no need to examine the first applicant’s complaint under Article 13 taken in conjunction with Article 3 of the Convention; Holds that the respondent State has failed to comply with its obligation under Article 34 of the Convention

15 September 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Non-refoulement - Rejection at border | Countries: Kyrgyzstan - Ukraine

Factum of the Intervener United Nations High Commissioner for Refugees in the case Mason v. Canada

6 September 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

Recommendations by the Office of the United Nations High Commissioner for Refugees ('UNHCR') concerning the execution of the judgments of the European Court of Human Rights in the cases of Ilias and Ahmed v. Hungary (Application No. 47287/15; Grand Chamber judgment of 21 November 2019) and Shahzad v. Hungary (Application No. 12625/17; Judgment of 8 July 2021)

31 August 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Resolutions/Recommendations/Declarations

2021GuHap78282

Confirmed on 8 September 2022. The english-language version is an unofficial translation. The Korean-language original is attached.

18 August 2022 | Judicial Body: Republic of Korea: Seoul Administrative Court | Document type: Case Law | Topic(s): Deportation / Forcible return - Non-refoulement | Countries: Korea, Republic of

Note on international protection

19 July 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Notes on International Protection

Submission by the Office of the United Nations High Commissioner for Refugees in the case of S.A.A. and Others v. Greece (No. 22146/21) before the European Court of Human Rights

July 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

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