Case summaries

  • My search
  • Relevant International and European Legislation
    1
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Reset
UK – F v M and A (a child) and Secretary of State for the Home Department Joint Counsel for the Welfare of Immigrants (Interested Party), Case No: FD15P00103, 26/04/2017
Country of applicant: Pakistan
Keywords: Actor of persecution or serious harm, Best interest of the child, Relevant Facts, Refugee Status, Child Specific Considerations, Family member, Return

Following the careful examination of International, European and domestic law, the Court concluded that the grant of refugee status supersedes any order made by a Family Court (regarding the return of the child to Pakistan), because it is the Secretary of State for the Home Department  that is the entrusted public authority to deal with asylum matters.  However, were the Family Court to discover new facts, the relevant public authority would be responsible, in principle, under the tenets of UK Administrative Law to review their decision. 

Date of decision: 26-04-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2,Art 18,Art 24,Art 12,Art 17,Art 15,Art 4,Art 4,Art 8,Art 13,Art 14,Art 10,Art 12,Art 14,Art 1,Art 1A,Art 32,Art 21,Art 33,Art 13,Art 37,Art 38,Art 7,Recital 12,Art 22,Art 41,Article 3,Article 8
Poland - Regional Administrative Court in Warsaw, 21 December 2010, V SA/Wa 383/10
Country of applicant: Russia
Keywords: Circumstances ceased to exist, Procedural guarantees, Revocation of protection status, Standard of proof

This judgment overturned the decision of the Polish Refugee Board on revocation of refugee status. Adoption of state protection within the meaning of the law means that a foreigner benefits from the protection of the state of his nationality, that he is able to avail himself of this protection and that there exists no well-founded fear of persecution. Adoption of state protection means that the foreigner enjoys the genuine protection of his country of origin.

In proceedings on revocation of refugee status, the authority determines whether there are other reasons to justify the foreigner’s fear of persecution.

Date of decision: 21-12-2010
Relevant International and European Legislation: Art 2 (e),Art 37,Art 38,Para 150,Para 151,Art 11.1 (e)
Spain – Supreme Court, 22 October 2010, 1660/2006
Country of applicant: Colombia
Keywords: Circumstances ceased to exist, Revocation of protection status, Family unity (right to)

This decision concerns an appeal lodged before the Supreme Court against the decision of the High National Court, confirming the Ministry of Interior’s decision to revoke the refugee status of the appellant and her children. This revocation was issued following the voluntary return of the applicant’s husband to Colombia, his country of origin.

Date of decision: 22-10-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4.3,Art 11.1 (d),Art 37,Art 38,Art 1C (5)