Case Law

12 May 2016 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Right to liberty and security | Countries: Algeria

5 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Arbitrary arrest and detention - Discrimination based on race, nationality, ethnicity - Flight by land, air or sea - Freedom of religion - Hindu - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Political groups - Political parties - Religious discrimination - Religious persecution (including forced conversion) - Tamil - Unlawful departure | Countries: Australia - Sri Lanka

2 May 2016 | Judicial Body: Switzerland: Federal Court | Topic(s): Arbitrary arrest and detention - Burden-sharing and international co-operation - Immigration Detention - Regional instruments | Countries: Afghanistan - Bulgaria - Switzerland

2 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Arbitrary arrest and detention - Persecution based on political opinion - Political groups - Political parties - Security situation | Countries: Australia - Lebanon

asylum seekers’ detention is arbitrary and contrary to their right to liberty if the State fails to demonstrate on an individual basis that their continuous indefinite detention is justified, and that other, less intrusive, measures could not achieve the same end of compliance with the State’s need to respond to security concerns. In addition, the HRC considers that the combination of the arbitrary character and indefinite nature of the authors’ protracted detention, the absence of procedural guarantees to challenge the detention and the difficult conditions of detention, cumulatively inflict serious psychological harm that amount to “cruel, inhuman or degrading treatment” under the ICCPR.

2 May 2016 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention | Countries: Afghanistan - Australia - Iran, Islamic Republic of - Sri Lanka

28 April 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Arbitrary arrest and detention - Credibility assessment - Forced marriage - Physical harm - Religious persecution (including forced conversion) | Countries: Australia - Jordan

26 April 2016 | Judicial Body: Papua New Guinea: Constitutional Court | Topic(s): Arbitrary arrest and detention - Asylum-migration nexus - Constitutional law - Freedom of movement - Immigration Detention - Right to liberty and security | Countries: Papua New Guinea

21 April 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Greece - Iraq

23 February 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Refugees - Right to family life | Countries: Egypt - Italy

12 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: Malta - Somalia