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The Queen on the application of:1) Hemmati; 2)Khalili;3) Abdulkadir; 4) Mohammed (Appellants) - and - The Secretary of State for the Home Department (Respondent) and Between The Queen on the application of SS (Respondent) -and- The Secretary of State for the Home Department (Appellant)

The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles").

4 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Arbitrary arrest and detention - Prison or detention conditions | Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

Applicant v. State Secretary for Security and Justice, 201805022/1/V2

an investigation into the origin of a foreign national is the responsibility of the state secretary and is not limited to a language analysis. If a language analysis does not provide a definitive answer about the origin of the applicant, but the State Secretary maintains his position that an alleged origin is not credible, he will have to motivate this. The State Secretary has, and wrongly, not been able to assess the credibility of the applicant's statement that she has been living indoors for 15 years. He also wrongly failed to respond to the report by Buro Kleurkracht that supports her story. The State Secretary has therefore not soundly substantiated that the origin of the applicant is not credible.

4 October 2018 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) | Countries: Iraq - Netherlands

Iraq: Coalition Provisional Authority Order Number 8: Delegation of Authority Regardy an Iraq Property Claims Commission (2004)

5 July 2018 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

AAH (Iraqi Kurds – internal relocation) Iraq CG UKUT 00212 (IAC)

country guidance on availability of ‘internal flight’ in the IKR for individuals of Kurdish origin - supplementing Section C and replacing Section E of AA (Iraq) v Secretary of State for the Home Department [2017] Imm AR 1440; [2017] EWCA Civ 944

26 June 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Adil Hassan v Préfet du Pas-de-Calais (Case C‑647/16) Reference for a preliminary ruling

Article 26(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person must be interpreted as precluding a Member State that has submitted, to another Member State which it considers to be responsible for the examination of an application for international protection pursuant to the criteria laid down by that regulation, a request to take charge of or take back a person referred to in Article 18(1) of that regulation from adopting a transfer decision and notifying it to that person before the requested Member State has given its explicit or implicit agreement to that request.

31 May 2018 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: France - Germany - Iraq

UNHCR Letter to Legal Counsel in the Netherlands re Guidance on the Application of an IFA/IRA in Baghdad, Iraq

5 February 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

S.F. and Others v. Bulgaria

7 December 2017 | 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): Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions | Countries: Bulgaria - Iraq - Switzerland

The Queen on the application of: 1) HK (Iraq) 2) HH (Iran) 3) SK (Afghanistan) 4) FK (Afghanistan) - and - The Secretary of State for the Home Department

23 November 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

Supreme Administrative Court Decision (Korkein hallinto-oikeus) of 10 November 2017 - KHO:2017:173

whether an unaccompanied minor can be safely returned to Iraq and under which conditions

10 November 2017 | Judicial Body: Finland: Supreme Administrative Court | Document type: Case Law | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Return conditions - Unaccompanied / Separated children | Countries: Finland - Iraq

Immigration Appeals Board v. A, B, and C, HR-2017-2078-A, (case no. 2017/670)

whether it is in accordance with the UN Refugee Convention article 28 to refuse to issue travel documents to refugees with lawful residence in Norway, because there is doubt regarding their identities

31 October 2017 | Judicial Body: Norway: Supreme Court | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): National security / Public order - Refugee identity documents - Travel documents | Countries: Eritrea - Iraq - Norway

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