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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Ramadan v. Malta

On 21 June, the European Court of Human Rights delivered its judgement in Ramadan v. Malta, a case concerning the revocation of Maltese citizenship that rendered the applicant stateless. The Court did not find any violation of Article 8 of the European Convention on Human Rights (ECHR), but noted that arbitrary revocation of citizenship can in certain circumstances be problematic under Article 8 because of its impact on the right to private life. Judge Pinto de Albuquerque’s dissenting opinion called on the Court to recognize the right to citizenship as an autonomous right under the ECHR and referenced to UNHCR’s Global Action Plan to End Statelessness. A request to refer the case to the Grand Chamber is currently pending.

21 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Malta

IM and AI (Risks – membership of Beja Tribe, Beja Congress and JEM) Sudan CG

21 June 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Persecution based on political opinion - Threats / Intimidation | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

Bundesverfassungsgericht, Beschluss vom 12. Oktober 2012 - 2 BvR 748/13

20 June 2016 | Judicial Body: Germany: Bundesverfassungsgericht | Topic(s): Family reunification - Residence permits / Residency | Countries: Germany - Nigeria

W205 2118262-1

17 June 2016 | Judicial Body: Austria: Federal Administrative Court (Bundesverwaltungsgericht) | Topic(s): Right to family life | Countries: Austria - Somalia

R.D. c. France

16 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Persecution of family members - Religious persecution (including forced conversion) | Countries: France - Guinea

Applicant v. State Secretary for Security and Justice

15 June 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Ghana - Netherlands

Applicant v. State Secretary for Security and Justice

15 June 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): 1951 Refugee Convention - Cessation clauses - EU Qualification Directive - Humanitarian protection (including tolerated stay) | Countries: Azerbaijan - Netherlands

R.B.A.B. and Others v. the Netherlands

7 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Female genital mutilation (FGM) - Freedom from torture, inhuman and degrading treatment | Countries: Netherlands - Sudan

George Karim v Migrationsverket

7 June 2016 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Burden-sharing and international co-operation - Effective remedy - Regional instruments | Countries: Slovenia - Sweden - Syrian Arab Republic

Mehrdad Ghezelbash v Staatssecretaris van Veiligheid en Justitie

7 June 2016 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Burden-sharing and international co-operation - Effective remedy - Regional instruments | Countries: Iran, Islamic Republic of - Netherlands

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