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Administration of justice / Rule of law / Due process / Procedural fairness

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AFFAIRE R.M. ET AUTRES c. POLOGNE (Requête no 11247/18)

9 February 2023 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Children's rights - Expulsion - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: Poland - Russian Federation

AFFAIRE M.K. ET AUTRES c. FRANCE (Requêtes nos 34349/18, 34638/18 et 35047/18)

The ECtHR considered it more appropriate to examine the complaints concerning the failure of France to comply with the interim relief orders of the Administrative Court ordering that the applicants must be taken into emergency accommodation and the absence of an effective emergency procedure for the enforcement of an interim relief order solely under Article 6 ECHR (§§ 91, 92). The ECtHR considered that the decision to grant or refuse emergency accommodation constituted a civil right and thus held that Article 6 § 1 ECtHR was applicable. The case concerned asylum-seekers who were without accommodation at the time of the events, and in whose favour the urgent-applications judge of the administrative court ordered the State to provide them with emergency accommodation.

30 December 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Exhaustion of domestic remedies - Rule of law / Due process / Procedural fairness | Countries: Congo, Democratic Republic of the - France - Georgia

Addressing Statelessness through the Rule of Law

December 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Comments of the United Nations High Commissioner for Refugees on the Proposed Rule from the U.S. Department of Justice (Executive Office for Immigration Review) and the U.S. Department of Homeland Security (U.S. Citizenship and Immigration Services): "Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers"

31 May 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

A.A. v. Sweden

20 January 2022 | Judicial Body: UN Committee Against Torture (CAT) | Document type: Case Law | Topic(s): Christian - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Iran, Islamic Republic of - Sweden

Opinion by the Office of the United Nations High Commissioner for Refugees for the Petition of 21-Jinjeong-0274200 submitted to the National Human Rights Commission of Korea

December 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

Comments of the United Nations High Commissioner for Refugees on the Proposed Rule from the U.S. Department of Justice (Executive Office for Immigration Review) and the U.S. Department of Homeland Security (U.S. Citizenship and Immigration Services): "Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers"

19 October 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

A.M. (au nom de M.K.A.H.) c. Suisse

Discrimination; intérêt supérieur de l’enfant; développement de l’enfant; droit de l’enfant d’être entendu dans toute procédure judiciaire ou administrative l’intéressant; protection et assistance humanitaire voulues pour les enfants réfugiés; droit de l’enfant de jouir du meilleur état de santé possible; traitements inhumains ou dégradants

6 October 2021 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Document type: Case Law | Topic(s): Children's rights - Convention on the Rights of the Child (CRC) - Freedom from torture, inhuman and degrading treatment - Rule of law / Due process / Procedural fairness - Statelessness | Countries: Bulgaria - Switzerland - Syrian Arab Republic

Somali Association of South Africa and Others v The Refugee Appeal Board and Others (Case no 585/2020) [2021] ZASCA 124 (23 September 2021)

23 September 2021 | Judicial Body: South Africa: Supreme Court of Appeal | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Somalia - South Africa

CASE OF MUQISHTA v. BOSNIA AND HERZEGOVINA (Application no. 27994/19)

31 August 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Mental health - Rule of law / Due process / Procedural fairness | Countries: Bosnia and Herzegovina - Serbia

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