Case Law

The Court had therefore to examine whether any effective guarantees existed that protected the applicants against arbitrary refoulement by the Bulgarian authorities to China, be it direct or indirect. No destination country had been indicated in the initial decisions for the applicants’ repatriation or in the expulsion decisions. According to the Supreme Administrative Court, the determination of such a country and the assessment of any risk the applicants would face if returned to China fell to be carried out in the process of implementation of the expulsion decisions. However, such an approach offered no guarantees that the Bulgarian authorities would examine with the necessary rigour the question of the risk the applicants would face if returned to the country they had fled. It was unclear by reference to what standards and on the basis of what information the authorities would determine, if at all, the relevant risk. Lastly, there was no indication as to whether, if the authorities chose to send the applicants to a third country, they would properly examine whether they would in turn be sent from there to China without due consideration for the risk of ill‑treatment and even death. In sum, there were no effective guarantees, in the process of implementation of the repatriation or the expulsion decisions against the applicants, that they would not be sent back to China.

20 February 2020 | 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 - Expulsion - Freedom from torture, inhuman and degrading treatment - Uighur | Countries: Bulgaria - China

18 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Arbitrary arrest and detention - Christian - Religious discrimination | Countries: Australia - China

24 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Arbitrary arrest and detention - Catholic - Complementary forms of protection - Credibility assessment - Freedom of religion - Police - Religious discrimination - Religious persecution (including forced conversion) - Threats / Intimidation | Countries: Australia - China

14 June 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Christian - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) | Countries: Australia - China

Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A72-368-644. Petition Denied.

25 March 2011 | Judicial Body: United States Court of Appeals for the Seventh Circuit | Topic(s): Arbitrary arrest and detention - Christian - Freedom of religion - Persecution of family members - Religious persecution (including forced conversion) | Countries: China - United States of America

8 March 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Persecution of family members - Safe country of origin | Countries: Australia

6 August 2010 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Christian - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) | Countries: Australia - China

4 August 2010 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Christian - Credibility assessment - Freedom from torture, inhuman and degrading treatment - One-child policy / Family planning - Persecution based on political opinion - Religious persecution (including forced conversion) | Countries: Australia - China

12 July 2010 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Discrimination based on race, nationality, ethnicity - Racial / Ethnic persecution - Uighur | Countries: Australia - China

25 June 2010 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Falun Gong - Freedom from torture, inhuman and degrading treatment - Social group persecution | Countries: Australia - China