Last Updated: Wednesday, 26 September 2018, 07:33 GMT

Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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NAVTEJ SINGH JOHAR & ORS. (Petitioner(s)) VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE (Respondent(s))

insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15,19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion.

6 September 2018 | Judicial Body: India: Supreme Court | Topic(s): Constitutional law - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Sexual and reproductive rights | Countries: India

A.N. v. Switzerland

the State party has an obligation to refrain from forcibly returning the complainant to Italy and to continue complying with its obligation to provide the complainant, in full consideration with him, with rehabilitation through medical treatment.

3 August 2018 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Freedom from torture, inhuman and degrading treatment | Countries: Eritrea - Italy - Switzerland

Arrêt F-3045/2016 du 25 juillet 2018

The right to family reunion derived from the European Convention on Human Rights (ECHR) does not expire when the child who could benefit from it reaches the age of majority during the procedure. This easing of the case law, which takes into account recent judgments of the European Court of Human Rights, also has procedural implications

25 July 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Family reunification - Right to family life | Countries: Cameroon - Switzerland

The Queen (on the application of MS) (a child by his litigation friend MAS) v Secretary of State for the Home Department

whether MAS, who is lawfully present in the UK, is the brother of MS, an unaccompanied minor who has made an asylum application in France; whether the UK has a duty of investigation once it receives a take charge request and the scope of any such duty

19 July 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Family reunification | Countries: Afghanistan - France - United Kingdom of Great Britain and Northern Ireland

Urteil E-5022/2017 vom 10. Juli 2018

10 July 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Eritrea - Switzerland

Sentencia núm. 1.168/2018

9 July 2018 | Judicial Body: Spain: Tribunal Supremo | Topic(s): Resettlement | Countries: Spain

AAH (Iraqi Kurds – internal relocation) Iraq CG UKUT 00212 (IAC)

country guidance on availability of ‘internal flight’ in the IKR for individuals of Kurdish origin - supplementing Section C and replacing Section E of AA (Iraq) v Secretary of State for the Home Department [2017] Imm AR 1440; [2017] EWCA Civ 944

26 June 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

CASE OF S.Z. v. GREECE (Application no. 66702/13)

violation of articles 3 and 5

21 June 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Expulsion - False documents - Freedom from torture, inhuman and degrading treatment - Right to liberty and security | Countries: Greece - Syrian Arab Republic

CASE OF ALPEYEVA AND DZHALAGONIYA v. RUSSIA (Applications nos. 7549/09 and 33330/11)

Due to the authorities mishandling of procedures related to the granting of citizenship, the applicants had found themselves not only in a situation comparable to that in the Smirnova case, but also faced consequences affecting their social identity far more fundamentally as they had been deprived of any legal status in Russia. They had become stateless persons and remained so until 2010 and 2013 respectively. It had taken the authorities from 2007 until 2013 for the general problem to be solved. Since the authorities’ oversight had resulted in consequences for the applicants so severely affecting their private life, it amounted to an arbitrary interference. The authorities had thus failed to act diligently.

12 June 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Passports - Statelessness | Countries: Russian Federation

Arrêt n° 205 104

8 June 2018 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Greece - Palestine, State of

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