Adjudication of asylum claims (refugee status determination / asylum procedures) / Safe third country
- Americas - Miscellaneous 1
- Canada: Federal Court 2
- Canada: Federal Court of Appeal 5
- Guatemala: Corte de Constitutionalidad 2
- UN High Commissioner for Refugees (UNHCR) 2
- United States Board of Immigration Appeals 2
- United States Court of Appeals for the District of Columbia Circuit 1
- United States Court of Appeals for the Eighth Circuit 1
- United States Court of Appeals for the Ninth Circuit 5
- United States Court of Appeals for the Second Circuit 2
- United States Court of Appeals for the Seventh Circuit 1
- United States Court of Appeals for the Tenth Circuit 1
- United States Supreme Court 1
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Amicus Curaie (Asylum Access Mexico, et al): Relativo a que cualquier compromiso que asuma el gobierno de Guatemala como "tercer país seguro" y/o de "cooperación respecto al examen de solicitudes de protección", debe previamente ser aprobado por el congreso de la república conforme a lo previsto en la literal l) del artículo 171 de la constitución política de la república
9 March 2021 | Publisher: Americas - Miscellaneous | Document type: Court Interventions / Amicus Curiae |
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The Canadian Council for Refugees et al v Minister for Immigration and Minister for Public Safety
The Applicants challenge the validity and the constitutionality of the legislation implementing the Agreement between the Government of Canada and the Government of the United States of America For Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries (referred to as the “Safe Third Country Agreement” or “STCA”). The Applicants allege that by returning ineligible refugee claimants to the United States (US), Canada exposes them to risks in the form of detention, refoulement, and other violations of their rights contrary to the 1951 Convention Relating to the Status of Refugees, 28 July 1951, 189 UNTS at 137 (Refugee Convention or RT) and contrary to the United Nations Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT, collectively referred to as the Conventions). 22 July 2020 | Judicial Body: Canada: Federal Court | Document type: Case Law | Topic(s): Safe third country | Countries: Canada - United States of America |
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Brief of the Office of the United Nations High Commissioner for Refugees before the United States Court of Appeals for the Ninth Circuit in the case East Bay Sanctuary Covenant, et al., v. William P. Barr ("East Bay Sanctuary (II)")
15 October 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae |
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Guatemala: Court of Constitutionality - Accumulated Files: No. 3829-2019, 3849-2019, 3881-2019 - 9 September 2019
"Expedientes Acumulados 3829-2019, 3849-2019 y 3881-2019". Appeal of this earlier decision by the constitutional court. The Court found that the signing of the "safe third country" agreement between the United States and Guatemala did not violate Guatemalan law, as the President and the Foreign Relations Minister stated they would comply with the internal legal procedure and formal steps for the agreement to become a treaty and enter into force, including approval by congress. 9 September 2019 | Judicial Body: Guatemala: Corte de Constitutionalidad | Document type: Case Law | Topic(s): Safe third country | Countries: Guatemala - United States of America |
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REEM YOUSEF SAEED KREISHAN et al, Appellants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
19 August 2019 | Judicial Body: Canada: Federal Court of Appeal | Document type: Case Law | Topic(s): Appeal / Right to appeal - Family reunification - Refoulement - Safe third country | Countries: Bangladesh - Canada - Colombia - Jordan - Syrian Arab Republic - United States of America |
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Guatemala: Court of Constitutionality - Accumulated Files: No. 3829-2019, 3849-2019, 3881-2019 - 14 July 2019
"Expedientes Acumulados 3829-2019, 3849-2019 y 3881-2019". Constitutional Court decision reviewing the constitutionality of the "safe third country" agreement between the United States and Guatemala. The court found, on procedural grounds, that the agreement did not comply with the treaty-making procedures in Guatemalan law. However, this was later overturned on appeal (See the appeal here.) 14 July 2019 | Judicial Body: Guatemala: Corte de Constitutionalidad | Document type: Case Law | Topic(s): Safe third country | Countries: Guatemala - United States of America |
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Tchitchui v. Holder, Attorney General
Petition for review denied as “firm resettlement” in a third country prior to arrival in the United States bars an alien from obtaining asylum. 19 September 2011 | Judicial Body: United States Court of Appeals for the Second Circuit | Document type: Case Law | Countries: Cameroon - Chile - Guatemala - United States of America |
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Matter of A-G-G-
12 May 2011 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Resettlement - Safe third country | Countries: Mauritania |
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Truong v. Holder, Attorney General
On Petition for Review of an Order of the Board of Immigration Appeals. 27 July 2010 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Document type: Case Law | Topic(s): Armed forces / Military - Effective protection - Non-state agents of persecution - Safe third country - State protection - Well-founded fear of persecution | Countries: Viet Nam |
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Rahimzadeh v. Holder, Attorney General
On Petition for Review of an Order of the Board of Immigration Appeals. 26 July 2010 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Document type: Case Law | Topic(s): Abduction - Christian - Effective protection - Freedom from torture, inhuman and degrading treatment - Muslim - Persecution based on political opinion - Religious persecution (including forced conversion) - Safe third country - State protection | Countries: Iran, Islamic Republic of |
