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Human rights / Prison or detention conditions

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The Queen on the application of:1) Hemmati; 2)Khalili;3) Abdulkadir; 4) Mohammed (Appellants) - and - The Secretary of State for the Home Department (Respondent) and Between The Queen on the application of SS (Respondent) -and- The Secretary of State for the Home Department (Appellant)

The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles").

4 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Arbitrary arrest and detention - Prison or detention conditions | Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

O.M. v. Hungary

5 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Immigration Detention - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Prison or detention conditions | Countries: Hungary - Iran, Islamic Republic of

R.T. c. Grèce

11 February 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Illegal entry - Kurd - Prison or detention conditions | Countries: Greece - Iran, Islamic Republic of - Türkiye

E.A. c. Grèce

30 July 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Immigration Detention - Prison or detention conditions | Countries: Greece - Iran, Islamic Republic of

R (on the applications of Leila Simaei and Mehmet Arap) v Secretary of State for the Home Department (Dublin returns – Hungary)

24 February 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Immigration Detention - Prison or detention conditions - Reception - Safe third country | Countries: Hungary - Iran, Islamic Republic of - Türkiye - United Kingdom of Great Britain and Northern Ireland

H.H. c. Grèce

9 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Protests / Demonstrations / Riots / Civil unrest - Right to liberty and security | Countries: Greece - Iran, Islamic Republic of

WZAPN v Minister for Immigration and Border Protection

3 September 2014 | Judicial Body: Australia: Federal Court | Topic(s): Discrimination based on race, nationality, ethnicity - Kurd - Prison or detention conditions - Social group persecution - Statelessness | Countries: Australia - Iran, Islamic Republic of

F.H. c. Grèce

31 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security | Countries: Greece - Iran, Islamic Republic of

Abdolkhani and Karimnia v. Turkey (No. 2)

27 July 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Refugees | Countries: Iran, Islamic Republic of - Türkiye

Alipour and Hosseinzadgan v. Turkey

13 July 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Forced marriage - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Prosecution vs persecution - Refugees | Countries: Iran, Islamic Republic of

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