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UK - Court of Appeal, 18 March 2003, Q and others, (R on the appplication of) v the Secretary of State for the Home Department [2003] EWCA Civ 364

This case considered of the support available for asylum seekers. It was held that the system in place was not procedurally fair and that Art 3 of European Convention on Human Rights (ECHR) was engaged. Judicial review of the refusal was not an adequate remedy for refusal of support where the administrative procedure was unfair and inadequate.

Date of decision: 18-03-2003
Relevant International and European Legislation: 1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 13,Art 24,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 13,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 6,Article 8
ECtHR - Öcalan v Turkey, Application no. 46221/99, 12 March 2003
Country of applicant: Turkey

The applicant was the leader of the PKK and the most wanted person in Turkey. He was arrested and sentenced to the death penalty. Breaches of Articles 3, 5 and 6 were found with regard to his detention, the imposition of the death penalty and his rights as the defence to a fair trial.

Date of decision: 12-03-2003
Relevant International and European Legislation: ECHR (Sixth Protocol),ECHR (Thirteenth Protocol),Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 1,Article 2,Article 3,Article 5,Article 6,Article 7,Article 8,Article 9,Article 10,Article 13,Article 14,Article 18,Article 27,Article 30,Article 34
UK - Court of Appeal, 23 January 2003, FP (Iran) & MB (Libya) v Secretary of state for the Home Department, [2007] EWCA Civ 13
Country of applicant: Iran, Libya
Fairness requires that an applicant in a protection claim is not bound by the procedural error of his legal representative. Procedural rules should not result in unfairness to asylum seekers.
Date of decision: 23-01-2003
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 33,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 6
ECtHR - Hilal v. the United Kingdom, Application no. 45276/99, 6 June 2001
Country of applicant: Tanzania

The European Court of Human Rights ruled that the proposed expulsion of a Tanzanian national from the United Kingdom to Tanzania will expose him to inhuman and degrading treatment, in violation of Article 3 of the Convention.

Date of decision: 06-06-2001
Relevant International and European Legislation: Article 3,Article 6,Article 8,Article 13,Article 27,Article 31,Article 41,Article 44
ECtHR - Cyprus v. Turkey , Application no. 25781/94, 10 May 2001
Country of applicant: Cyprus

Turkey’s continual and severe failure to carry out an effective investigation into the circumstances of disappearance of Greek-Cypriots, who were at the time under the control of its agents, constituted a violation of Articles 2,3 and 5 of the ECHR. The circumscription of freedom of movement, religion and association of Greek-Cypriots in Northern Greece constituted violations of Articles 9 and 10 and the continual violation of Article 1 Protocol 1 by virtue of preventing Greek Cypriot owners from having access to, control and use of their property was also found by the Court.

Date of decision: 10-05-2001
Relevant International and European Legislation: ECHR (Frist Protocol),Art 2,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 1,Article 2,Article 3,Article 4,Article 5,Article 6,Article 8,Article 9,Article 10,Article 11,Article 13,Article 14,Article 17,Article 18,Article 19,Article 32,Article 33,Article 35,Art 1
ECtHR - Velikova v. Bulgaria , Application no.41488/98, 18 May 2000
Country of applicant: Bulgaria

Applicant complained under Articles 2, 6, 13 and 14 of the Convention in relation to the death of her partner while in police custody.

Date of decision: 18-05-2000
Relevant International and European Legislation: Article 2,Article 3,Article 6,Article 13,Article 14,Article 25,Article 38,Article 41
ECtHR - Amuur v. France, Application no 19776/92, 25 June 1996
Country of applicant: Somalia

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