Case summaries
Article 48 para. 3 sentence 2 and 3 AufenthG does not offer a suitable legal basis for the search of homes.
The issue of a search warrant according to police and public order law requires concrete evidence that certain documents could be detected. The violation of the obligation to cooperate according to § 48 para. 3 sentence 1 AufenthG (refusal of the applicant to obtain a passport or similar), as well as vaguely expressed doubts of the authorities about the passport loss, are not sufficient to issue a warrant for the search of homes. Such a search warrant is in any case not proportionate if the probability of detection is low.
The placement in solitary confinement of the applicant represented in this context a disproportionate infringement of the applicant's rights and justified his release, in particular due to his state of mental health.
When a refugee and their child apply for international protection, the Police Headquarters shall not make residence or parental relationship the conditions for submitting their application.
The Immigration Rules (“the Rules”) minimum income requirements (“the MIR”) for individuals who have a right to live in the UK who wish to bring their non-EEA citizen spouses to live with them are not open to legal challenge.
The Rules fail unlawfully to give effect to the duty of the Secretary of State (“the SoS”) in respect of the welfare of children under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”), however the challenge to the validity of the Rules was dismissed.
To ensure that their decisions are compatible with the Human Rights Act 1998 (“the HRA”) however, revisions to instructions for entry clearance officers (“the Instructions”) are necessary.
A Stateless Palestinian and Sunni Muslim from Lebanon, single woman, born and raised in Saudi Arabia who had a conflict with her family because she had had a relationship with a French Christian man and lost her virginity.
The Board found that seen in isolation as a Stateless Palestinian the applicant is covered by the Danish Aliens Act Art 7 (1).
The Board found that because the applicant had never resided in Lebanon, did not have any relation to that country, and due to her conflict with her family and based on country of origin information regarding entry options to Saudi Arabia as well as Lebanon for Stateless Palestinians, neither Saudi Arabia nor Lebanon could be considered as a first country of asylum. Consequently, the applicant was granted refugee status under the Danish Aliens Act Art. 7 (1).
The European Court of Human Rights has held that the detention conditions on the island of Chios, the detention centre of Tychero and the north of Greece, where a minor Palestinian was held, were not in breach of article 3 of the Convention.
In addition, the Court did not accept that the applicant’s right to liberty and security (article 5) and right to an effective remedy (article 13) had been violated.
In the case of a Palestinian stateless asylum-seeker from Lebanon, the Court found the objection of the OIN (that was otherwise unverified by documents and based on which the decision to reject was made) to be unfounded, and recognised the Applicant as refugee. The Court emphasized that any procedure where the contents of the objection concerning a matter of national security are not subject to review, is arbitrary and seriously contradicts the principles of the rule of law as it makes the right to an effective remedy meaningless.
The Applicant had been forced to leave the UNRWA’s area of operations. The facts that had led to his departure from Lebanon justified ending his exclusion from the application of Article 1D of the Geneva Convention.
The Applicant falls within the scope of application of Article 1(D) of the Convention Relating to the Status of Refugees. She was excluded from refugee status as she did not show that she left the area where she was receiving support from the UNRWA for reasons against her will.
An applicant of Palestinian origin was granted refugee status. UNWRA assistance ceased for reasons beyond the applicant’s control, and therefore the applicant is entitled ipso facto to the benefits provided by the Convention. Consequently, refugee status must be granted automatically.