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ECtHR - Chahal v. The United Kingdom, Application No. 22414/93, 15 November 1996
Country of applicant: India, United Kingdom
Keywords: Assessment of facts and circumstances, Effective access to procedures, Detention, Effective remedy (right to), Procedural guarantees, Torture, Refugee Status, Real risk, Final decision, Return

This case involved the UK’s attempted deportation of an Indian citizen and leader of the Sikh separatist movement who lived in the UK and was allegedly a national security threat. Because of the risk of ill-treatment, the Court found the UK would breach Art. 3 if he were deported to India, in conjunction with a violation of Art. 13. Because he was not able to review the lawfulness of his prolonged detention, the Court also found a violation of Art. 5 (4). 

Date of decision: 15-11-1996
Relevant International and European Legislation: 1951 Refugee Convention,International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 8,Article 13
ECtHR - Amuur v. France, Application no 19776/92, 25 June 1996
Country of applicant: Somalia
Keywords: Detention, Refugee Status

The Court found that the French authorities had violated Article 5 para 1 of the Convention by holding four Somali nationals in the international zone of the Paris-Orly airport.

Date of decision: 25-06-1996
Relevant International and European Legislation: 1951 Refugee Convention,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 6,Article 13,Article 25,Article 32,Article 43,Article 47,Article 50,Art 5.1
ECtHR - Abdulaziz, Cabales and Balkandali v The United Kingdom, Application nos. 9214/80; 9473/81 and 9474/81, 28 May 1985
Country of applicant: Malawi, Philippines, United Kingdom
Keywords: Effective remedy (right to), Family unity (right to), Race, Nationality, Discrimination, Family member, Family reunification

The ECtHR held that the 1980 UK Immigration Rules breached ECHR Article 14 taken together with Article 8 as they discriminated on the ground of sex against three female applicants settled in the UK who wished to be joined by their spouses. It was easier for men settled in the UK to be joined by a non-national spouse than women but no objective and reasonable justification was found for this difference of treatment.

Date of decision: 28-05-1985
Relevant International and European Legislation: Article 3,Article 8,Article 12,Article 13,Article 14,Article 25,Article 31,Article 32,Article 43,Article 44,Article 46,Article 47,Article 48,Article 50,ECHR (Fourth Protocol)