Case summaries

  • My search
  • Keywords
    1
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Reset
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
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
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
ECtHR - Vilvarajah and others v. The United Kingdom, Application Nos. 13163/87, 13164/87, 13165/87, 13447/87, 13448/87, 30 October 1991
Country of applicant: Sri Lanka
Keywords: Effective remedy (right to), Indiscriminate violence, Inhuman or degrading treatment or punishment, Persecution (acts of), Persecution Grounds/Reasons, Torture, Return

The five applicants were asylum seekers from Sri Lanka of Tamil ethnicity whose requests were denied in the UK and had been returned to Sri Lanka. The Court rejected their allegations that a breach of Art. 3 due to risk of ill-treatment as well as of a breach of Art. 13 because of ineffective judicial remedy had been committed by the UK. 

Date of decision: 30-10-1991