Islamic Republic of Iran

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) | Document type: Case Law | 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

1 February 2017 | Publisher: UN General Assembly | Document type: Resolutions/Recommendations/Declarations

5 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | 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

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) | Document type: Case Law | 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

25 February 2016 | Publisher: UN General Assembly | Document type: Resolutions/Recommendations/Declarations

21 January 2015 | Publisher: UN General Assembly | Document type: Resolutions/Recommendations/Declarations

7 April 2011 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Discrimination based on race, nationality, ethnicity - Opposition - Persecution based on political opinion - Racial / Ethnic persecution | Countries: Iran, Islamic Republic of - New Zealand

15 February 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Immigration Detention - Non-refoulement - Refugees - Right to liberty and security | Countries: Iran, Islamic Republic of - Türkiye

Heard at Field House on 27 July 2010.

7 February 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Ahwazi - Arbitrary arrest and detention - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Racial / Ethnic persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

19 October 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Sexual and gender-based violence (SGBV) - Unlawful departure | Countries: Iran, Islamic Republic of - New Zealand