Case summaries
Italy - Court of Milan, 5 December 2007, RG 8802/2006
Country of applicant:
Congo (DRC)
Keywords:
Integration measures
Foreign citizens with refugee status have the same rights as Italian citizens as regards social assistance and related rights such as, for example, payment of attendance allowance under L.18/80.
Date of decision:
05-12-2007
Relevant International and European Legislation:
Art 24,Art 23
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
Keywords:
Assessment of facts and circumstances, Individual assessment, Inhuman or degrading treatment or punishment, Procedural guarantees
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
UK - Court of Appeal, 26 July 2002, El-Ali v Secretary of State for the Home Department [2002] EWCA Civ 1103
Country of applicant:
Lebanon, Palestinian Territory
Keywords:
Exclusion from protection
Art 1D of the 1951 Refugee Convention only applies to Palestinians who met two criteria. First of all, they had to have been in receipt of United Nations Relief and Works Agency for Palestinian Refugees in the Near East (“UNRWA”) protection or assistance on or before 28 July 1951 which was the date that the Convention was adopted. Secondly, whilst UNRWA’s mandate continued, if such Palestinians had left UNRWA’s field of operation they would have to show that they were in “exceptional circumstance”; for example if they were prevented from returning to UNRWA’s field of operation.
Date of decision:
26-07-2002
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12,Art 28,Art 1,Art 3,Art 32,Art 33,Art 31,Art 4,Art 16,Art 22,Art 2,Art 13,Art 15,Art 17,Art 21,Art 24,Art 26,Art 27