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Arrêt F-7195/2018 du 11 février 2020

On 11 February 2020, the Swiss Federal Administrative Tribunal (TAF) ruled in case F-7195/2018 concerning the Dublin transfer of an asylum seeker to Bulgaria that there are no systemic flaws in the asylum procedure and in the reception conditions for applicants in Bulgaria, and that there is no reason for a complete suspension of Dublin transfers to Bulgaria. The court ruled that the Swiss asylum authority SEM should assess on a case-to-case basis whether a Dublin transfer must be suspended. This examination could include obtaining concrete and prior guarantees from the Bulgarian authorities. A transfer is only possible if the possibility that the asylum-seeker concerned would be subjected to inhuman and degrading treatment on his return to Bulgaria is excluded. In this particular case, the appeal against the transfer decision was made by the applicant, arguing that she suffered from post-traumatic stress disorder which could not be treated adequately in Bulgaria, that she risked not being able to access the regular reception services due to the fact that her asylum application had already been rejected by the Bulgarian authorities, that she even risked being detained and subjected to inhuman conditions and that she finally risked being returned to her country of origin contrary to the principle of non-refoulement. Taking her particular circumstances into account, the TAF quashed the transfer decision and upheld the appeal, ruling that even though there are no systemic deficiencies in the asylum system in Bulgaria, the transfer decision should be based on a detailed analysis of all relevant circumstances of the asylum seeker.

11 February 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Post-traumatic stress disorder (PTSD) - Reception - Rejected asylum-seekers | Countries: Bulgaria - Sri Lanka - Switzerland

RS (SRI LANKA) v SSHD [2019] EWCA Civ 1796

whether the FTT and UT made a material error of law in failing to give weight to the fact that RS had escaped from custody

28 October 2019 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

FP (Sri Lanka)

The central issue is whether the appellant faces a real chance of being seriously mistreated by the authorities in detention, in the course of their investigation.

9 August 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): Police - Tamil - Well-founded fear of persecution | Countries: New Zealand - Sri Lanka

FER17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCAFC 106

whether the meaning of “a national” as appears in the definition of “receiving country” in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status – meaning does not apply in such a circumstance

24 June 2019 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Australia - India - Sri Lanka

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

Sri Lanka: Stepping Back from a Constitutional Crisis

6 November 2018 | Publisher: International Crisis Group (ICG) | Document type: Country Profiles

AFFAIRE K.G. c. BELGIQUE (Requête no 52548/15)

Non-violation de l'article 5 - Droit à la liberté et à la sûreté (Article 5-1 - Arrestation ou détention régulières)

6 November 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Right to liberty and security | Countries: Belgium - Sri Lanka

Freedom on the Net 2018 - Sri Lanka

1 November 2018 | Publisher: Freedom House | Document type: Annual Reports

Country Policy and Information Note Sri Lanka: Sexual orientation and gender identity and expression

October 2018 | Publisher: United Kingdom: Home Office | Document type: Country Reports

The Researcher, October 2018

October 2018 | Publisher: Ireland: Refugee Documentation Centre | Document type: Case Law Compilations/Analyses

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