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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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The Queen on the application of:1) Hemmati; 2)Khalili;3) Abdulkadir; 4) Mohammed (Appellants) - and - The Secretary of State for the Home Department (Respondent) and Between The Queen on the application of SS (Respondent) -and- The Secretary of State for the Home Department (Appellant)

The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles").

4 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Arbitrary arrest and detention - Prison or detention conditions | Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

The Queen on the application of: 1) HK (Iraq) 2) HH (Iran) 3) SK (Afghanistan) 4) FK (Afghanistan) - and - The Secretary of State for the Home Department

23 November 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

Majid Shiri

25 October 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Effective remedy - Refugee status determination (RSD) / Asylum procedures | Countries: Austria - Bulgaria - Iran, Islamic Republic of

K. v Staatssecretaris van Veiligheid en Justitie

14 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Immigration Detention - Proof of nationality - Reception - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security | Countries: Iran, Islamic Republic of - Netherlands

S.G. c. Grèce

18 May 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum-seekers - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment | Countries: Greece - Iran, Islamic Republic of

S.G. v. Greece

18 May 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum-seekers - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Reception | Countries: Greece - Iran, Islamic Republic of

Opinion of Advocate General Sharpston: K v. Staatssecretaris van Veiligheid en Justitie

4 May 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Recast Reception Conditions Directive (EU) | Topic(s): Illegal entry - Illegal immigrants / Undocumented migrants - Immigration Detention | Countries: Iran, Islamic Republic of - Netherlands

A.P.J. v. Denmark

26 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Freedom of expression - International Covenant on Civil and Political Rights (ICCPR) | Countries: Denmark - Iran, Islamic Republic of

Raziyeh Rezaifar v. Denmark

Advance unedited version

10 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Domestic violence - International Covenant on Civil and Political Rights (ICCPR) - Prostitution / Commercial sex work - Residence permits / Residency | Countries: Denmark - Iran, Islamic Republic of - Italy

AB (Article 1F(a) – defence - duress) Iran

8 September 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): Burden of proof - Crimes against humanity - Exclusion clauses | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

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