What Human Rights do for those seeking refuge - RightsInfo

What Human Rights do for those seeking refuge

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Seeking Refuge
2008
UK

Children aren’t returned to danger

Related European Convention Articles

Removal from the UK would have a negative impact on a 13-year-old's private life, as he would have been forced into a home with unsafe conditions back in Vietnam. Human rights legislation prevented this from occurring.

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    Justice
    2014
    UK

    Everyone deserves access to justice – that means legal aid where necessary

    Related European Convention Articles

    In this decision, the right to legal aid is discussed by the court. It is established that in some cases, in order for access to justice to be achieved, legal aid must be granted when there would be an obvious unfairness.

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      Seeking Refuge
      2008
      Europe

      Asylum seekers are offered protection from complex, evolving conflicts

      Related European Convention Articles

      The case illustrates the complexities of assessing what a ‘real risk’ entails, as the court had to consider the evolving political situation in Sri Lanka, taking into account many reports from government and NGO sources. In the conclusion, however, it found that forcing NA to return to his homeland, would at that time, be in violation of the right not to be subjected to inhuman or degrading treatment, and NA was protected from potential harms.

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      Seeking Refuge
      2001
      UK

      Fake documents are sometimes only way to flee danger – people must still be protected

      Related European Convention Articles

      This case involved claims brought forward by an Algerian, an Iraqi Kurd and an Albanian, challenging their prosecutions by Crown Prosecution Services for travelling to, or attempting to travel from, the UK on false papers. The act of seeking asylum should not be criminalised.

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        Seeking Refuge
        2001
        Europe

        You can escape police persecution for your beliefs

        Related European Convention Articles

        A Tanzanian national faced police beatings, attacks by solders and life-threatening prison conditions due to his activity in the political opposition. He faced a real risk of harm if deported, and was prevented from being forcibly returned.

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          Seeking Refuge
          2006
          UK

          FGM is recognised as torture

          Related European Convention Articles

          A woman from Sierra Leone was part of a social group at risk of female genital mutilation. If she returned, should was at risk of excruciating pain and death. As a result of this case, women at risk of FGM are far more likely to receive asylum.

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          Seeking Refuge
          2008
          Europe

          Unreasonable delays in prolonging detention are unacceptable

          Related European Convention Articles

          The court states that detention or arrest of a person is only lawful in cases of non-compliance with the lawful order of a court, or in order to secure the fulfilment of any obligation prescribed by law. As the appellant fit neither of these criteria, the Court ruled that his detention had been unlawful under the terms of ECHR.

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          Seeking Refuge
          2010
          Europe

          If you face racial discrimination at home, you can seek refuge elsewhere

          Related European Convention Articles

          The court ruled in favour of a Bhutanese national’s claim for asylum on the grounds that his removal to Bhutan would expose him to a risk of ill-treatment due to his Nepali minority ethnicity. The court maintained that acts motivated by racial discrimination will constitute an aggravating factor.

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            Seeking Refuge
            2011
            Europe

            No-one should endure inhuman or degrading treatment

            Related European Convention Articles

            The conditions faced by asylum seekers in Greece were deemed tantamount to “inhuman or degrading treatment,” and Greece and Belgium were both found to be in violation of the ECHR. The appellant’s detention and living conditions while in Greece meant that both Greece and Belgium were in violation if a deportation were to be enforced.

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            Seeking Refuge
            1997
            Europe

            AIDS sufferers can’t be deported when home country treatment is inadequate

            Related European Convention Articles

            D argued that his expulsion to St Kitts would in effect result in the termination of the medical treatment he was receiving, which would hasten his death since no similar medical treatment was available in St Kitts.

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            Seeking Refuge
            2012
            Europe

            Refugees have a right to reunite with their families

            Related European Convention Articles

            The European Court of Human Rights held that the UK Government’s refusal to allow the family reunion of a refugee and his wife under relevant immigration rules was unlawfully discriminatory against the refugee on the basis of his immigration status. Every person has the right to a private and family life.

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              Seeking Refuge
              2012
              UK

              Asylum seekers have a right to accommodation whilst awaiting decisions

              Related European Convention Articles

              This landmark ruling found that the failure of the Home Office to provide access to support for asylum seekers waiting for a decision on their further claim for asylum for a minimum of three weeks is leading to homelessness and destitution.

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                TOP 50
                50 Cases
                2010
                UK

                Gay and lesbian people can’t be returned to persecution

                Related European Convention Articles

                Under the United Nations Refugee Convention, social groups that have a well-founded fear of persecution are refugees. In this case, the Supreme Court said gays and lesbians could not be expected to live closeted lives in places they are persecuted.

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                Seeking Refuge
                2009
                UK

                People don’t have to go back to a place that makes them suicidal

                Related European Convention Articles

                Inhuman treatment is unconditionally prohibited by article 3 of the ECHR, and in this case it was found that a risk of suicide upon deportation can be included within this definition. The appellants were Tamil Sri Lankans, brother and sister, who had been tortured by government security forces leading them to both suffer from depression and post-traumatic stress disorder. Their asylum claims made on a humanitarian basis were rejected, but it was found that a return to Sri Lanka could lead to a strengthening of suicidal thoughts. Preventing their deportation through the ECHR can be seen as a success in protecting the rights of asylum seekers suffering from mental illnesses.

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                Seeking Refuge
                2011
                Europe

                Sending people back to armed conflict & chaotic violence isn’t OK

                Related European Convention Articles

                A key question in refugee cases is whether a person is at a "real risk" of inhuman treatment. In this case, Somalia was said to be a failed state meaning it was unlikely people would be sent back there.

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                Seeking Refuge
                2004
                UK

                Asylum seekers have a right to preserve their mental stability

                Related European Convention Articles

                The ECHR gives people the right to a private and family life. In this case, it was shown that mental health can be considered a component of this right. Razgar was an Iraqi asylum seeker who was to be deported to be Germany. It was shown that the effects of deportation would be seriously harmful to his mental health. Consequently, Razgar was allowed to stay in the UK, relying on right to the preservation of his mental stability.

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                  TOP 50
                  50 Cases
                  2011
                  UK

                  Children’s views are key in deportation cases

                  Related European Convention Articles

                  The Supreme Court decided that where a parent is deported, the rights of their children must be a primary consideration An asylum-seeker mother was allowed to remain in the UK because deporting her would breach her children's rights to respect for private and family life.

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                  TOP 50
                  50 Cases
                  2004
                  UK

                  No race barriers to asylum

                  Related European Convention Articles

                  British immigration officers at Prague airport were told to make it more difficult for Roma people to come here. The court said that racial discrimination at any point in the asylum process is not permitted, and no race of people is excluded from the right to asylum.

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                    Seeking Refuge
                    1999
                    UK

                    Oppressed and persecuted women can seek safety

                    Related European Convention Articles

                    A vital step in ensuring the rights of female asylum seekers. Two women faced the risk of criminal proceedings for sexual immorality if they were forced to return to Pakistan. The court said the women were part of a persecuted group and should be granted asylum.

                    Children
                    2012
                    UK

                    Unaccompanied minors claiming asylum must be properly cared for

                    Related European Convention Articles

                    The eight appellants had arrived from Afghanistan as unaccompanied minors and were at that time aged between 15 and 16. The Home Office refused their asylum claims but granted each of them Discretionary Leave until they reached 17½, but it was found that the duty to the minors goes further than this in order to protect the minor’s best interests.

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                    Seeking Refuge
                    2000
                    UK

                    The state must protect women from sexual slavery

                    Related European Convention Articles

                    Women trafficked in Ukraine for sexual servitude could be classified as a persecuted social group, as the authorities are unable or unwilling to protect them. In this case, asylum was granted to two women.

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                      Seeking Refuge
                      2014
                      UK

                      Asylum seekers are protected from homelesness and destitution

                      Related European Convention Articles

                      EM was an Eritrean man who experienced persecution in his home country for being a Christian, and moved to Italy, only to find himself homeless and destitute. He sought asylum in the UK, and resisted deportation. The court found if it could be established similar conditions would be present if he were deported to Italy, this would be contrary to his right not to be subjected to inhuman or degrading treatment.

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                      What Human Rights do for those seeking refuge
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