Case Law

26 January 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Physical harm - Political asylum - Prison or detention conditions - Tamil | Countries: Sri Lanka - Switzerland

28 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Discrimination based on race, nationality, ethnicity - Persecution based on political opinion - Racial / Ethnic persecution - Refugee camps - Tamil | Countries: Australia - Sri Lanka

6 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Catholic - Credibility assessment - Elections - Persecution based on political opinion - Physical harm - Refugee / Asylum law | Countries: Australia - Sri Lanka

28 June 2016 | Judicial Body: Armenia: Administrative Court of Appeals | Topic(s): 1951 Refugee Convention - Credibility assessment - Discrimination based on race, nationality, ethnicity - Flight by land, air or sea - Persecution based on class/wealth/occupation - Persecution based on political opinion - Persecution of family members - Political groups - Rejected asylum-seekers - Tamil - Unlawful departure | Countries: Australia - Sri Lanka

1 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Arbitrary arrest and detention - Discrimination based on race, nationality, ethnicity - Persecution based on political opinion - Political groups - Political parties - Rejected asylum-seekers - Social group discrimination - Social group persecution - Tamil | Countries: Australia - Sri Lanka

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

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

23 April 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Persecution based on political opinion - Persecution of family members - Political groups - Political parties - Rejected asylum-seekers - Social group discrimination - Social group persecution | Countries: Australia - Sri Lanka

4 February 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Discrimination based on race, nationality, ethnicity - Persecution based on political opinion - Political groups - Political parties - Social group discrimination - Social group persecution - Tamil | Countries: Australia - Sri Lanka

10 December 2015 | Judicial Body: Canada: Supreme Court | Topic(s): Complementary forms of protection - Humanitarian protection (including tolerated stay) | Countries: Canada - Sri Lanka