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UK - Court of Appeal, 19 January 2000, Secretary of State for The Home Department, Ex Parte Adan R v. Secretary of State for The Home Department Ex Parte Aitseguer, R v. [2000] UKHL 67
Country of applicant: Algeria, Somalia
Keywords: Indirect refoulement, Non-state actors/agents of persecution, Safe third country

In assessing whether a state is a safe third country with regard to its interpretation of the 1951 Refugee Convention, it was not sufficient to assess whether the foreign state’s interpretation of the Convention was reasonable. The Secretary of State for the Home Department had to be satisfied that the foreign state applied the one true interpretation of the Convention decided upon by the UK Courts.

Date of decision: 19-01-2000
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 6,Art 21,UNHCR Handbook,Para 65
UK - House of Lords, 2 April 1998, Secretary of State for the Home Department, Ex parte Adan, [1998] UKHL 15
Country of applicant: Somalia
Keywords: Circumstances ceased to exist, Indiscriminate violence, Persecution (acts of)
A person who leaves his own country because of a well-founded fear of being persecuted for a Convention reason and later is unable, or, owing to that fear is unwilling, to avail himself of that country's protection even when the grounds for his fear have gone, does not have the status of a refugee.
 
In addition, in a State where there is a civil war when law and order has broken down and every group is fighting one another for political power then, to be entitled to refugee status, a group or individual the individual or group has to show a well-founded fear of persecution over and above the risk to life and liberty inherent in the civil war.
Date of decision: 02-04-1998
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 9,UNHCR Handbook,Para 164
UK - Court of Appeal, 13 February 1998, Lazarevic v Secretary of State For Home Department [1997] EWCA Civ 1007; [1997] Imm AR 251
Country of applicant: Somalia
Keywords: Persecution (acts of), Nationality

The Court of Appeal held that an asylum-seeker unable to return to his country of origin may indeed be entitled to recognition as a refugee provided only that the fear or actuality of past persecution still plays a causative part in his or her presence here. Further, the refusal of the State of nationality to permit return can constitute persecution.

Date of decision: 13-02-1998
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 4,Art 1C (5),UNHCR Handbook,Para 91,Para 164,Para 98,Para 99,Para 168
ECtHR - Ahmed v. Austria, Application No. 25964/94, 17 December 1996
Country of applicant: Somalia
Keywords: Assessment of facts and circumstances, Inhuman or degrading treatment or punishment, Persecution (acts of), Revocation of protection status, Torture, Refugee Status, Real risk

This case involved a Somali refugee in Austria whose refugee status was ordered as forfeited after a criminal conviction. Because of the absolute nature of Art. 3, the Court found his criminal conviction immaterial and that he still faced a serious risk of persecution in Somalia, therefore Austria would breach its obligations under Art. 3 if his deportation was executed. 

Date of decision: 17-12-1996
Relevant International and European Legislation: 1951 Refugee Convention,International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 13
ECtHR - Chahal v. The United Kingdom, Application No. 22414/93, 15 November 1996
Country of applicant: India, United Kingdom
Keywords: Assessment of facts and circumstances, Effective access to procedures, Detention, Effective remedy (right to), Procedural guarantees, Torture, Refugee Status, Real risk, Final decision, Return

This case involved the UK’s attempted deportation of an Indian citizen and leader of the Sikh separatist movement who lived in the UK and was allegedly a national security threat. Because of the risk of ill-treatment, the Court found the UK would breach Art. 3 if he were deported to India, in conjunction with a violation of Art. 13. Because he was not able to review the lawfulness of his prolonged detention, the Court also found a violation of Art. 5 (4). 

Date of decision: 15-11-1996
Relevant International and European Legislation: 1951 Refugee Convention,International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 8,Article 13
ECtHR - Amuur v. France, Application no 19776/92, 25 June 1996
Country of applicant: Somalia
Keywords: Detention, Refugee Status

The Court found that the French authorities had violated Article 5 para 1 of the Convention by holding four Somali nationals in the international zone of the Paris-Orly airport.

Date of decision: 25-06-1996
Relevant International and European Legislation: 1951 Refugee Convention,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 6,Article 13,Article 25,Article 32,Article 43,Article 47,Article 50,Art 5.1
UK - Immigration Appeal Tribunal, 10 June 1994, Kaja (Political asylum; standard of proof) (Zaire) [1994] UKIAT 11038
Country of applicant: Congo (DRC)
Keywords: Assessment of facts and circumstances, Standard of proof
The Immigration Appeal Tribunal (IAT) addressed the question of whether the assessment of facts and the determination of refugee status involved a two stage process with different standards of proof. The standard of proof for the assessment of status is “reasonable degree of likelihood.”
Date of decision: 10-06-1994
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4,Art 1A,UNHCR Handbook,Para 42
ECtHR - Soering v. The United Kingdom, Application No. 14038/88, 7 July 1989
Country of applicant: Germany
Keywords: Effective remedy (right to), Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Torture, Death penalty / Execution

The Court found that in the event of the United Kingdom Secretary of State’s decision to extradite a fugitive indicted of murder in the United States being implemented, there would be a violation of Article 3 due to the possibility of his conviction of a death sentence, and the treatment and punishment he would face on death row in Virginia. 

Date of decision: 07-07-1989
Relevant International and European Legislation: 1951 Refugee Convention,ECHR (Sixth Protocol),International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,UN Convention against Torture