Last Updated: Tuesday, 19 June 2018, 15:19 GMT

Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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CASE OF ALPEYEVA AND DZHALAGONIYA v. RUSSIA (Applications nos. 7549/09 and 33330/11)

Due to the authorities mishandling of procedures related to the granting of citizenship, the applicants had found themselves not only in a situation comparable to that in the Smirnova case, but also faced consequences affecting their social identity far more fundamentally as they had been deprived of any legal status in Russia. They had become stateless persons and remained so until 2010 and 2013 respectively. It had taken the authorities from 2007 until 2013 for the general problem to be solved. Since the authorities’ oversight had resulted in consequences for the applicants so severely affecting their private life, it amounted to an arbitrary interference. The authorities had thus failed to act diligently.

12 June 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Passports - Statelessness | Countries: Russian Federation

Al Nashiri v. Romania (application no. 33234/12)

violations of Article 3: failure to effectively investigate allegations and because of its complicity in the CIA’s actions that had led to ill-treatment; violations of Article 5 (right to liberty and security), Article 8 (right to respect for private life), and Article 13 (right to an effective remedy) in conjunction with Articles 3, 5 and 8, violations of Article 6 § 1 (right to a fair trial within a reasonable time), and Articles 2 (right to life) and 3 taken together with Article 1 of Protocol No. 6 (abolition of the death penalty) because Romania had assisted in Mr Al Nashiri’s transfer from its territory in spite of a real risk that he could face a flagrant denial of justice and the death penalty.

31 May 2018 | 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 - Freedom from torture, inhuman and degrading treatment - Jurisdiction | Countries: Romania - Saudi Arabia - United States of America

Abu Zubaydah v. Lithuania (application no. 46454/11)

violations of Article 3 (prohibition of torture) of the European Convention on Human Rights, because of the Government’s failure to effectively investigate Mr Husayn’s allegations and because of its complicity in the CIA’s actions that had led to ill-treatment; and violations of Article 5 (right to liberty and security), Article 8 (right to respect for private life), and Article 13 (right to an effective remedy), in conjunction with Article 3.

31 May 2018 | 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 - Freedom from torture, inhuman and degrading treatment - Jurisdiction | Countries: Lithuania - Palestine, State of - United States of America

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 | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: France - Germany - Iraq

CASE OF LJATIFI v. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA (Application no. 19017/16)

“(….) even where national security is at stake, the concepts of lawfulness and the rule of law in a democratic society require that deportation measures affecting fundamental human rights be subject to some form of adversarial proceedings before an independent authority or a court competent to effectively scrutinise the reasons for them and review the relevant evidence, if need be with appropriate procedural limitations on the use of classified information.

17 May 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - National security / Public order | Countries: Serbia - The former Yugoslav Republic of Macedonia

CASE OF IBROGIMOV v. RUSSIA (Application no. 32248/12)

in the light of the overwhelming European and international consensus geared towards abolishing the outstanding restrictions on entry, stay and residence of HIV-positive non nationals who constitute a particularly vulnerable group, the respondent Government failed in their duty to put forward compelling reasons or any objective justification for their differential treatment for health reason

15 May 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - HIV and AIDS | Countries: Russian Federation - Uzbekistan

CASE OF MAINOV v. RUSSIA (Application no. 11556/17)

detention under Article 5 § 1 (f) of the Convention must be carried out in good faith; it must be closely connected to the ground of detention relied on by the Government; the place and conditions of detention should be appropriate; and the length of the detention should not exceed that reasonably required for the purpose pursued

15 May 2018 | 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 - Statelessness | Countries: Russian Federation

K. v Staatssecretaris van Veiligheid en Justitie (C‑331/16), and H. F. v Belgische Staat (C‑366/16) (reference for preliminary ruling)

interpretation of the second subparagraph of Article 27(2), Article 28(1) and Article 28(3)(a) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

2 May 2018 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Exclusion clauses - National security / Public order | Countries: Afghanistan - Belgium - Bosnia and Herzegovina - Croatia - Netherlands

CASE OF HOTI v. CROATIA (Application no. 63311/14)

failure to regularize the residence status of a stateless migrant for many years considered violation of Article 8 (right to respect for private life)

26 April 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1954 Statelessness Convention | Topic(s): Citizenship / Nationality law - Right to a nationality - Statelessness | Countries: Albania - Croatia - Serbia

HANY EL-SAYED EL-SEBAI YOUSSEF -and - SECRETARY OF STATE FOR THE HOME DEPARTMENT and N2 - and - SECRETARY OF STATE FOR THE HOME DEPARTMENT

whether acts may be sufficient to satisfy the threshold for exclusion from the Convention under Article 1F(c), where those acts were neither themselves completed or attempted terrorist acts, nor can they be shown to have led to specific completed or attempted terrorist acts by others.

26 April 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Exclusion clauses | Countries: Egypt - Jordan - United Kingdom of Great Britain and Northern Ireland

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