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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Chikwamba (FC) v. Secretary of State for the Home Department

Heard on 14 and 15 April 2008. On appeal from the England and Wales Court of Appeal: [2005] EWCA Civ 1779.

25 June 2008 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Deportation / Forcible return - Persecution based on political opinion - Pre-entry procedures - Rejected asylum-seekers - Right to family life | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

EB (Kosovo) (FC) v. Secretary of State for the Home Department

Heard on 16 and 17 April 2008. On appeal from the England and Wales Court of Appeal: [2006] EWCA Civ 1713.

25 June 2008 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Asylum policy - Changes of circumstances in home country - Deportation / Forcible return - Exceptional leave to remain (ELR) - Kosovar - Right to family life | Countries: Serbia - United Kingdom of Great Britain and Northern Ireland

AL (Serbia) (FC) v. Secretary of State for the Home Department; R (on the application of Rudi) (FC) v. Secretary of State for the Home Department

Heard on 10 and 14 April 2008. On appeal from the England and Wales Court of Appeal: [2006] EWCA Civ 1619 and [2007] EWCA Civ 1326, respectively.

25 June 2008 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Asylum policy - Complementary forms of protection - Deportation / Forcible return - Equality before the law - Kosovar - Right to family life - Unaccompanied / Separated children | Countries: Serbia - United Kingdom of Great Britain and Northern Ireland

R v. Asfaw

On appeal from the Court of Appeal (Criminal Division): R v. Asfaw [2006] EWCA Crim 707. Heard on 18, 19 and 20 February 2008.

21 May 2008 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Asylum-seekers - Criminal justice - False documents - Illegal entry - Passports - Prosecution vs persecution - Refugees - Transit | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

Saber (AP) v. Secretary of State for the Home Department

On appeal from the Court of Session (Inner House): [2003] SLT 1409.

12 December 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Asylum policy - Changes of circumstances in home country - Evidence (including age and language assessments / medico-legal reports) - Kurd - Persecution based on political opinion | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

R (on the application of Al-Jedda) (FC) (Appellant) v Secretary of State for Defence (Respondent) [2007] UKHL 58

The court examines the applicability of English Law vs Iraqi law, whether UNSCR regulations and the UN Charter qualified Mr Al-Jedda rights under the ECHR, such that his detainment would not be a violation of Article 5 (1). The Secretary of State (SoS) also raised an new untested argument regarding where the appellant's detention was attributable to the United Nations and therefor outside the scope of the ECHR. Law reports: [2007] UKHL 58; [2008] 2 WLR 31; [2008] 1 AC 332; Times 13-Dec-2008 On appeal from the Court of Appeal: [2006] EWCA Civ 327.

12 December 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Appeal / Right to appeal - Armed forces / Military - Crimes against humanity - Human rights and fundamental freedoms - Right to liberty and security - Terrorism | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Kola (FC) and another (FC) v. Secretary of State for Work and Pensions

On appeal from the England and Wales Court of Appeal: [2004] EWCA Civ 638.

28 November 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Asylum policy - Asylum-seekers - Smuggling of persons | Countries: United Kingdom of Great Britain and Northern Ireland

Secretary of State for the Home Department (Appellant) v. AH (Sudan) and Others (FC) (Respondents)

On appeal from the England and Wales Court of Appeal (Civil Division): [2007] EWCA Civ 297. 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.

14 November 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): IDP camps - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Rejected asylum-seekers - Returnees | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

Secretary of State for the Home Department (Appellant) v. JJ and Others (FC) (Respondents)

On appeal from the Court of Appeal: [2006] EWCA Civ 1141.

31 October 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Pre-trial detention - Right to liberty and security - Terrorism | Countries: United Kingdom of Great Britain and Northern Ireland

Secretary of State for the Home Department (Respondent) v. E and Another (Appellants)

On appeal from the Court of Appeal: [2007] EWCA Civ 459.

31 October 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Mental health - Pre-trial detention - Right to liberty and security - Terrorism | Countries: Tunisia - United Kingdom of Great Britain and Northern Ireland

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