Case Law

In such circumstances, the Committee considers that the Refugee Appeals Board failed to adequately assess the author’s real, personal and foreseeable risk if he were returned to Afghanistan, which is based not solely on his profile as a former employee of the international forces but also on the risk of future ill-treatment by the Taliban which reasonably follows from his individual circumstances including his past ill-treatment in his country of origin.

18 November 2019 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Afghanistan - Denmark

25 June 2010 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Combatants / Former combatants - Freedom from torture, inhuman and degrading treatment - Pre-trial detention - Prison or detention conditions - Terrorism | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

13 October 2009 | Judicial Body: Ireland: High Court | Topic(s): Combatants / Former combatants - Credibility assessment - Grounds for persecution - Non-state agents of persecution - Persecution based on political opinion - Persecution of family members - Political parties - State protection | Countries: Afghanistan - Ireland

Application for Leave to Appeal under Section 103B of the Nationality Immigration and Asylum Act 2002.

18 June 2009 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Acts contrary to the purposes and principles of the United Nations - Combatants / Former combatants - Deportation / Forcible return - Exclusion clauses - Persecution based on political opinion - Serious non-political crime - Terrorism | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Petitions for habeas corpus.

2 April 2009 | Judicial Body: United States District Courts | Topic(s): Combatants / Former combatants - Habeas corpus - Jurisdiction - Prison or detention conditions - Right to liberty and security - Terrorism | Countries: United Arab Emirates - United States of America

17 December 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Combatants / Former combatants - Human rights and fundamental freedoms - Internal armed conflict - International armed conflict | Countries: Afghanistan - Canada

Application for leave to appeal from the Asylum and Immigration Tribunal.

23 July 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Combatants / Former combatants - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Pashtun - Prosecution vs persecution | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal (AIT No: AA/11192/2005).

10 June 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Combatants / Former combatants - Persecution based on political opinion | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

3 May 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Combatants / Former combatants - Country of origin information (COI) - Effective protection - Non-state agents of persecution - Persecution based on political opinion | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Application for order of review of decision of Refugee Review Tribunal.

5 October 2001 | Judicial Body: Australia: Federal Court | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Civil war - Combatants / Former combatants - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Pashtun - Persecution based on political opinion - Social group persecution | Countries: Afghanistan - Australia