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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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ES (Ashkaelians, Mixed Ashkaelian Ethnicity) Serbia and Montenegro (Kosovo) v. Secretary of State for the Home Department

18 September 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Ashkaelian - Kosovar - Persecution based on political opinion - Racial / Ethnic persecution | Countries: Serbia - United Kingdom of Great Britain and Northern Ireland

Lupsa v. Romania

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It is subject to editorial revision.

8 June 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Effective remedy - Immigration law - Right to family life | Countries: Romania - Serbia

Donald Hanaj v. Alberto R. Gonzales

Petition for Review of an Order of the Board of Immigration Appeals.

3 May 2006 | Judicial Body: United States Court of Appeals for the Seventh Circuit | Topic(s): Credibility assessment - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Kosovar - Persecution based on political opinion - Proof of nationality - Witnesses | Countries: Serbia - United States of America

Januzi (FC) (Appellant) v. Secretary of State for the Home Department (Respondent); Hamid (FC) (Appellant) v. Secretary of State for the Home Department (Respondent); Gaafar (FC) (Appellant) v. Secretary of State for the Home Department (Respondent); Mohammed (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) (Consolidated Appeals)

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

15 February 2006 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Albanians - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kosovar | Countries: Serbia - Sudan - United Kingdom of Great Britain and Northern Ireland

Refugee Appeal Nos. 74321, 74322, 74323 & 74324

19 December 2005 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Discrimination based on race, nationality, ethnicity - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Naturalization - Non-state agents of persecution - Persecution based on nationality - Racial / Ethnic persecution - Social group persecution | Countries: New Zealand - Serbia

Prosecutor v. Limaj et al. (Trial Judgment)

30 November 2005 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Arbitrary arrest and detention - Armed forces / Military - Crimes against humanity - Freedom from torture, inhuman and degrading treatment - Kosovar - Serb - Torture - War crimes | Countries: Serbia

Prosecutor v. Halilovic (Trial Judgment)

16 November 2005 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Armed forces / Military - Conflict situation - War crimes | Countries:

Prosecutor v. Miodrag Jokic (Judgement Sentencing Appeal)

30 August 2005 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Armed forces / Military - Criminal justice - War crimes | Countries:

Prosecutor v. Slobodan Milosevic (Decision on Interlocutory Appeal on Kosta Bulatovic Contempt Proceedings)

29 August 2005 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Witnesses | Countries: Croatia

VCAD v. Minister for Immigration & Multicultural & Indigenous Affairs

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26 August 2005 | Judicial Body: Australia: Federal Court | Topic(s): Changes of circumstances in home country - Freedom of expression - Freedom of speech - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Visas | Countries: Australia - Serbia

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