Category: refugees

Elgafaji and another v Staatssecretaris van Justitie – WLR Daily

Posted February 18th, 2009 in EC law, law reports, refugees by sally

Elgafaji and another v Staatssecretaris van Justitie (Case C-465/07); [2009] WLR (D) 59

“For a person to be eligible for subsidiary protection status on the ground that there was a serious and individual threat to his life, it was not essential for him to prove that he was specifically targeted, but it could exceptionally be sufficient for such a threat to be established by a high level of indiscriminate violence in the country in question.”

WLR Daily, 17th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MT and Others (Algeria) v Secretary of State for the Home Department – Times Law Reports

Posted August 3rd, 2007 in deportation, law reports, refugees, torture by sally

Closed material can be used in appeals against deportation

MT and Others (Algeria) v. Secretary of State for the Home Department

Court of Appeal

“When a person appealed against an order for deportation because he feared torture or ill-treatment in his home state, in scrutinising the case, the Special Immigration Appeals Commission was entitled to take into account closed as well as open material.”

The Times, 3rd August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication 

MT (Algeria) and others v. Secretary of State for the Home Department (Liberty intervening) – WLR Daily

Posted August 1st, 2007 in closed material, deportation, law reports, refugees, torture by sally

MT (Algeria) and others v. Secretary of State for the Home Department (Liberty intervening) [2007] EWCA Civ 808

“When considering whether an applicant was at risk of torture or ill-treatment contrary to art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if deported to his home state on the ground of national security the Special Immigration Appeals Commission (‘SIAC”’ was entitled to have regard to closed as well as open material in scrutinising the case under the statutory scheme. A person who had been recognised as a refugee could lose his status under art 1F(c) of the Convention and Protocol relating to the Status of Refugees if he were guilty of acts contrary to the purposes and principles of the United Nations after recognition.”

WLR Daily, 30th July 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.