Case summaries

The applicant was expelled from Russia on the basis of his religious activities and separated from his infant son as a result. While Russia attempted to justify this on the ground of national security, the Court held that sufficient evidence was not provided and that Articles 5, 8, 9 and 38 of the Convention and Article 1 of Protocol No. 7 had been violated.

This case concerned the removal of a Sri Lankan national of Tamil ethnicity to Sri Lanka. The Court held that he belonged to a specific group all of whose members were at risk of ill-treatment and so could not be returned. The Applicant did not need to show that he was more at risk than others in this group. The case concerned a situation of generalized violence in Sri Lanka.

This case was an appeal against the decision of the Polish Refugee Board on refusal to accord refugee status on the grounds that the application was manifestly unfounded application, and on granting a permit for tolerated stay. The lack of grounds for an application does not mean that the case should not be examined on its merits.

When assessing a subsequent application, the authority may find that, in the framework of the new assertions of the interested party, the application is manifestly unfounded. The authority has the right to reach such a conclusion provided that the application is first examined in the context of its contents and in the context of the evidence cited by the Applicant.

The authority is also obliged to examine the case initiated by the subsequent application in light of the progress made, if any, in the case concerning the previously submitted (first) application for refugee status.

Application to give suspensive effect to a decision by the Minister for Public Order 

This case concerned deportation of a recognized refugee (Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees) after a conviction for a criminal offence under common law. 

Immediate deportation would expose the applicant to the risk of suffering irreparable harm in the event that his application for annulment is successful. Because of the severity of that harm, moves to deport him must be given suspensive effect until there has been a final decision on his application for annulment, even though the decision to deport him was motivated by the protection of public order.

The case also considered ending the applicant's detention andreturning the refugee residence permit, which had been withdrawn, to the applicant.