Legal Information

Confirmed on 8 September 2022. The english-language version is an unofficial translation. The Korean-language original is attached.

18 August 2022 | Judicial Body: Republic of Korea: Seoul Administrative Court | Topic(s): Deportation / Forcible return - Non-refoulement | Countries: Korea, Republic of

4 August 2022 | Judicial Body: Mexico: Suprema Corte de Justicia de la Nación | Topic(s): Internally displaced persons (IDPs) | Countries: Mexico

22 July 2022 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Country of origin information (COI) - Credibility assessment - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Eritrea - Switzerland

This case concerned age-assessment procedures and the placement in adult detention centres of two minors who arrived in Italy.

21 July 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Immigration Detention - Prison or detention conditions - Unaccompanied / Separated children | Countries: Gambia - Guinea - Italy

This case concerned the sinking on 20 January 2014 of a fishing boat transporting 27 foreign nationals in the Aegean Sea, off the island of Farmakonisi, resulting in the death of 11 people, including relatives of the applicants. The Court found violations of Article 2 (right to life) and Article 3 (prohibition of inhuman or degrading treatment).

7 July 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Rescue at sea / Interception at sea | Countries: Afghanistan - Greece - Palestine, State of - Syrian Arab Republic

On 6 July 2022, the Swiss Federal Administrative Court republished its judgment of 6 July 2022, E-2943/2019, as a reference judgment due to its particular relevance for similar cases. The case concerned military service in Syria, and confirmed that refusing to perform military service or leaving Syria illegally do not give rise to a well-founded fear absent other risk-impacting circumstances.

6 July 2022 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Switzerland

The present case concerns refusal of border guards to receive the applicants’ asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country origin.

30 June 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Rejection at border | Countries: Belarus - Poland - Russian Federation

The present case concerns refusal of border guards to receive the applicants’ asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country origin.

30 June 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Rejection at border | Countries: Belarus - Poland - Russian Federation

The Court, ruling under the urgent preliminary ruling procedure, holds that the Procedures Directive (4) precludes legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or in the event of a declaration of an emergency due to a mass influx of foreigners, illegally staying third-country nationals are, de facto, denied the opportunity of having access to the procedure for examining an application for international protection in the territory of that Member State. Furthermore, the Court holds that the Reception Directive (5) precludes legislation of a Member State under which, in the event of such a declaration, an applicant for asylum may be detained on the sole ground that he or she is staying in the territory of that Member State illegally.

30 June 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security - State of emergency | Countries: Lithuania