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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Tarakhel v. Switzerland

4 November 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Children-at-risk - Deportation / Forcible return - Flight by land, air or sea - Freedom from torture, inhuman and degrading treatment - Reception - Regional instruments - Right to family life | Countries: Afghanistan - Italy - Pakistan - Switzerland

Arrêt n° 74 623

3 February 2012 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Reception - Refugee / Asylum law | Countries: Afghanistan

N. S. (C 411/10) v. Secretary of State for the Home Department and M. E. (C 493/10) and others v. Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform

21 December 2011 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Burden-sharing and international co-operation - Children's rights - Deportation / Forcible return - Immigration Detention - Reception - Right to seek asylum - Rule of law / Due process / Procedural fairness - Safe third country - Single procedure | Countries: Algeria - Ireland

M.S.S. v. Belgium and Greece

This judgment is final but may be subject to editorial revision.

21 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Non-refoulement - Reception - Safe third country - Single procedure | Countries: Afghanistan - Belgium - Greece

R (on the application of A) (Appellant) v. London Borough of Croydon (Respondents) and one other action; R (on the application of M) (Appellant) v. London Borough of Lambeth (Respondents) and one other action

Heard on 20, 21, 22 & 23 July 2009. On appeal from the Court of Appeal Civil Division: [2008] EWCA Civ 1445.

26 November 2009 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Asylum-seekers - Children's rights - Children-at-risk - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Housing, land and property rights (HLP) - Reception - Unaccompanied / Separated children | Countries: United Kingdom of Great Britain and Northern Ireland

R (on the application of AW) v. Secretary of State for the Home Department

Application for judicial review.

16 November 2009 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Asylum-seekers - Children's rights - Evidence (including age and language assessments / medico-legal reports) - Housing, land and property rights (HLP) - Reception | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Mirza and Others v. Refugee Applications Commissioner and the Minister for Equality, Justice and Law Reform

Application for judicial review.

21 October 2009 | Judicial Body: Ireland: High Court | Topic(s): Asylum-seekers - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Reception - Safe third country - Single procedure | Countries: Eritrea

R (on the application of A) v. London Borough of Croydon; R (on the application of M) v. London Borough of Lambeth

On appeal from the Queen’s Bench Division, Administrative Court: [2008] EWHC 1364 (Admin) . The Court of Appeal judgment was subsequently appealed before the Supreme Court: [2009] UKSC 8.

18 December 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Asylum-seekers - Children's rights - Criminal justice - Housing, land and property rights (HLP) - Reception - Right to family life - Rule of law / Due process / Procedural fairness | Countries: United Kingdom of Great Britain and Northern Ireland

AA (Afghanistan) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal (HX/58241/2003).

29 January 2007 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Complementary forms of protection - Credibility assessment - Involuntary repatriation - Persecution based on political opinion - Reception - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Evangelisches Hilfswerk v. Republic of Austria

This is an unofficial translation made by BO Vienna. The Austrian Supreme Court ("Oberster Gerichtshof"; the last instance in civil law) in a decision of 24 February 2003 (No 1 Ob 272/02k; published only on 22 April 2003) ruled that the Austrian State is obliged to accommodate and support all needy asylum seekers in Austria who co-operate in the determination of their identity. Consequently, the view of the Austrian State, according to which the authorities have discretionary power in deciding whom to accommodate and support, was rejected. Furthermore, the Supreme Court ruled that NGOs who accommodated asylum seekers, who were denied State assistance, may claim reimbursement by the State for the costs related to accommodation and support of asylum seekers during the last 30(!) years.

24 February 2003 | Judicial Body: Austria: Supreme Court | Topic(s): Reception | Countries: Afghanistan - Austria

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