Last Updated: Wednesday, 17 April 2019, 15:07 GMT

Legal Information

The Refworld legal collection has been designed primarily as a tool for disseminating and promoting (international) law relating to refugees, asylum seekers, stateless persons and other persons of concern to UNHCR.

UNHCR staff, refugee lawyers, all those involved with refugee-status determination within Governments, and others concerned with the rights of refugees and asylum seekers, can find a wealth of relevant documents in the collection. Included in the collection is a unique jurisprudence collection, covering more than 40 national jurisdictions, and a vast amount of international judgments and decisions from the United Nations, the European Court of Human Rights and other international and regional courts. A comprehensive collection of international instruments relating to refugees and human rights, with the most recent lists of States Parties to key conventions, is also available. The legislation collection, contains national and international legislation relevant in assessing asylum claims and is the largest collection of its kind. Finally, Refworld contains many special agreements, such as memoranda of understanding, host-country agreements and voluntary repatriation agreements.

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UNHCR-Analyse des Entwurfs für ein BBU-Errichtungsgesetz

11 April 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

BF (Tirana – gay men) Albania [2019] UKUT 0093 (IAC)

Whether there is a sufficiency of protection from harm by the state for the appellant in his home area in Albania and if not whether there is protection available for him in Tirana or elsewhere. If it is, whether it is reasonably open to the appellant to relocate to Tirana (or elsewhere) in the light of his sexual orientation as a gay man.

26 March 2019 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

SM v Entry Clearance Officer, UK Visa Section (C-129/18) (request for preliminary ruling)

The concept of a ‘direct descendant’ of a citizen of the Union referred to in Article 2(2)(c) 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, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC must be interpreted as not including a child who has been placed in the permanent legal guardianship of a citizen of the Union under the Algerian kafala system, because that placement does not create any parent-child relationship between them. However, it is for the competent national authorities to facilitate the entry and residence of such a child as one of the other family members of a citizen of the Union pursuant to Article 3(2)(a) of that directive, read in the light of Article 7 and Article 24(2) of the Charter of Fundamental Rights of the European Union, by carrying out a balanced and reasonable assessment of all the current and relevant circumstances of the case which takes account of the various interests in play and, in particular, of the best interests of the child concerned. In the event that it is established, following that assessment, that the child and its guardian, who is a citizen of the Union, are called to lead a genuine family life and that that child is dependent on its guardian, the requirements relating to the fundamental right to respect for family life, combined with the obligation to take account of the best interests of the child, demand, in principle, that that child be granted a right of entry and residence in order to enable it to live with its guardian in his or her host Member State.

26 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Adoption - Family reunification | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

Décision n° 2018-768 QPC du 21 mars 2019

Full text of the decision available at https://www.conseil-constitutionnel.fr/decision/2019/2018768QPC.htm

21 March 2019 | Judicial Body: France: Conseil constitutionnel | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Unaccompanied / Separated children | Countries: France

Ferenc Feher, Richard Sebok and the Canadian Association of Refugee Lawyers et al (applicants) v. the Minister of Public Safety and Emergency Preparedness (respondent)

paragraph 112(2) (b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27, is declared to be inconsistent with subsection 15(1) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, insofar as it concerns nationals of countries designated pursuant to section 109.1(1) of the Immigration and Refugee Protection Act; and the following words - “or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months,” - in paragraph 112(2) (b.1) shall have no force or effect with respect to such nationals;

20 March 2019 | Judicial Body: Canada: Federal Court | Document type: Case Law | Topic(s): Constitutional law - Equality before the law - Safe country of origin | Countries: Canada - Hungary

E. v Staatssecretaris van Veiligheid en Justitie (C‑635/17) (request for preliminary ruling)

1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law. 2. Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.

13 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Complementary forms of protection - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Family reunification | Countries: Eritrea - Netherlands

Brief of the United Nations High Commissioner for Refugees before the United States Court of Appeals for the First Circuit in the case O.L.B.D., petitioner, v. William P. Barr, Attorney General, respondent

11 March 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

WA (PAKISTAN) v. THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

the appropriate guidance for a decision-maker can be summarised as follows: i) Is the Claimant genuinely an Ahmadi? In answering that question the guidance set out in paragraph 5 of the headnote in MN is well expressed. ii) The next step involves an inquiry into the Claimant’s behaviour if he or she is returned to Pakistan. Will he or she actually behave in such a way as to attract persecution? In answering that question, the decision-maker will again consider all the evidence and will, where appropriate, expressly consider whether the behaviour claimed by the asylum-seeker is genuinely an expression of their religious belief and is an authentic account of the way they will behave if returned. iii) If the decision-maker’s conclusion is that the Claimant, if returned to Pakistan, will avoid behaviour which would attract persecution, then the decision-maker must ask the question why that would be so. Many possibilities arise. The individual may genuinely wish to live quietly, and would do so whether or not repression existed in relation to the expression of his or her Ahmadi faith. The individual may have mixed motives for such behaviour. If such a quiet expression or manifestation of genuine Ahmadi belief is merely the result of established cultural norms or social pressures, then it is unlikely there will be a basis for asylum. However, if a material reason (and not necessarily the only reason) for such behaviour will be to avoid persecution, then it is likely that the Claimant will have a valid claim for asylum. There is no requirement that public expression of Ahmadi religious faith, of a kind which is likely to attract persecution, should be of “particular importance” to the Claimant. Such a requirement is inconsistent with the test as laid down in HJ (Iran). To that extent, the guidance given in the body of MN (Ahmadis) Pakistan CG and in the headnote is misleading and should not be followed.

6 March 2019 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Ahmadis - Religious persecution (including forced conversion) | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

KV (Sri Lanka) (Appellant) v Secretary of State for the Home Department (Respondent)

6 March 2019 | Judicial Body: United Kingdom: Supreme Court | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Torture | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

Sentenza n. 4890 del 19/02/2019

The legislation introduced with the d.l. n. 113 of 2018, converted into l. n. 132 of 2018, in the part in which it modified the pre-existing regulation of the residence permit for humanitarian reasons dictated by art. 5, paragraph 6, of the legislative decree n. 286 of 1998 and other consequential provisions, replacing it with the provision of special cases of residence permits, does not apply in relation to applications for recognition of a residence permit for humanitarian reasons proposed before entry into force (October 5, 2018) of the new law, which will therefore be scrutinized on the basis of the legislation existing at the time of their presentation.

1 March 2019 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Document type: Case Law | Topic(s): Humanitarian protection (including tolerated stay) - Immigration law - Right to seek asylum

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