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KV (Sri Lanka) v Secretary of State for the Home Department, 2019
Country of applicant: Sri Lanka

This appeal considered what the correct approach is to the assessment of medical evidence in asylum claims alleging torture. Hence, it was declared that decision-makers can receive assistance from medical experts who are able to offer an opinion about the injury inflicted. The Supreme Court unanimously allowed the appeal and remitted KV’s appeal against the refusal of asylum to the Upper Tribunal for fresh determination.  

Date of decision: 06-03-2019
K.G. v. Belgium (No. 52548/15), 6 November 2018
Country of applicant: Sri Lanka

The Belgian authorities carried out a reasonable assessment, balancing the risk to public safety with the applicant’s mental health, in deciding the applicant’s detention. The duration and medical care provided in detention were lawful and justified.

Date of decision: 06-11-2018
United Kingdom - KG v Secretary of State for the Home Department, High Court of Justice, 13 July 2018
Country of applicant: Sri Lanka
Keywords: Detention

According to UK detention rules, a detainee must be examined by a doctor within 24 hours of being detained in order to ascertain if they are a potential victim of torture.  

Date of decision: 13-07-2018
ECtHR - Kahadawa Arachchige and Others v. Cyprus (Application nos. 16870/11, 16874/11 and 16879/11), 19 June 2018
Country of applicant: Sri Lanka
Keywords: Detention, Return

The detention of three Sri Lankan nationals on grounds of public order before their removal from Cyprus was found to be lawful by the Court. However, the Court found that the applicants did not have at their disposal an effective remedy by which they could challenge the lawfulness of their detention, in violation of Article 5(4) ECHR.

Date of decision: 19-06-2018
CJEU – C-353/16, MP v Secretary of State for the Home Department
Country of applicant: Sri Lanka

The fact that a person cannot be repatriated under Article 3 of the ECHR does not imply that that person should be granted a leave to reside in the host country by way of subsidiary protection under Directive 2004/83. The person concerned is eligible for subsidiary protection only if there is a real risk of him being intentionally deprived, in his country of origin, of appropriate health care.

Date of decision: 24-04-2018
France - Court of Cassation, Decision No. 1130 FS-P+B+R+I, 27 September 2017
Country of applicant: Sri Lanka

An applicant may not be detained with a view to carrying out a transfer under the Dublin Regulation, in the absence of objective criteria for assessing the existence of a significant risk of absconding, defined in a binding legal provision of general application.

Date of decision: 27-09-2017
UK - VT (Article 22 Procedures Directive - confidentiality), 19 July 2017
Country of applicant: Sri Lanka

The Tribunal reasserted the decision maker’s duty of confidentiality in considering documents produced in support of a protection claim. Where there is a needed to make an inquiry in the country of origin then written consent must be given by the applicant. Moreover, Article 22 of the Asylum Procedures Directive prohibits direct contact with the alleged actor of persecution. Additionally, the Refugee Convention requires that the authentication of a document is undertaken with a precautionary approach, namely whether an inquiry is necessary or should be framed in a specific manner and whether there is a safer alternative. Ultimately, disclosure of personal information should go no further than is strictly necessary.

The Tribunal found that the respondent was unlikely to have breached confidentiality in her inquiries into the authenticity of the documents produced; and that if she had, the remedy would not be the grant of refugee status; and that the appellant had not established that he had a credible case for asylum on the basis of the documents submitted. Nonetheless the Tribunal highlighted that a failure to comply with the duty of confidentiality might be relevant to the overall assessment of risk on return. 

Date of decision: 19-07-2017
France - Council of State, 8 June 2016, N°386558
Country of applicant: Sri Lanka

The lower court had erred in law by judging that the administration need not justify having informed the applicant about the possibility to communicate with a  representative of the United Nations High Commissioner for Refugees (UNHCR).

Date of decision: 08-06-2016
France - Council of State, 10 February 2016, M.A., No. 373529
Country of applicant: Sri Lanka

The Council of State (the “Council”) overturned an order of the National Court of Asylum (the “NCA”) rejecting a request for annulment of a decision of the French Office for the Protection of Refugees and Stateless Persons (the “OFPRA”) rejecting the Applicant’s request for refugee status or subsidiary protection. The reasoning for the rejection by the NCA was that no new elements had been presented since the previous decision that had been given.

The Council considered that the disclosure by the prefecture to the Sri Lankan Embassy in France (the “Embassy”) of information on the French asylum request of the Applicant constituted a new circumstance which justified a review of the Applicant’s asylum request. 

Date of decision: 10-02-2016
France - Council of State, 5 June 2015, n° 376783
Country of applicant: Sri Lanka

The general director of The French Office for the Protection of Refugees and Stateless Persons (OFRA) appealed at the Council of State against the decision of the National Court of Asylum Law which granted M.A refugee status following the non-consideration by the court of the documents provided by the OFPRA in a foreign language (English).

The Council of State cancelled the court decision noting that it is incumbent on the Court to ask for a translation when  necessary.  

Date of decision: 05-06-2015