January 18, 2026
An uncle complained about being denied access to his nephew who was taken into care, and the absence of any legal mechanism to apply to court for access before the Children Act 1989. The case was struck out following a friendly settlement where the Government paid compensation and expressed regret....
January 18, 2026
An Algerian national married to a Swiss citizen had his residence permit refused renewal following a robbery conviction. The European Court of Human Rights found Switzerland violated Article 8, establishing guiding criteria for balancing family life rights against deportation for criminal offences. Facts The applicant, Mr Abdelouahab Boultif, an Algerian...
January 18, 2026
A Tunisian national who arrived in France aged 8 was deported following convictions including living on earnings of prostitution. The Court held by 7-2 that his deportation did not violate Article 8 ECHR, finding the measure proportionate given the seriousness of his offences despite his family ties in France. Facts...
January 18, 2026
A Moroccan father, divorced from his Dutch wife, was refused renewal of his residence permit and deported from the Netherlands, despite having regular contact with his young daughter born of the marriage. The European Court of Human Rights found a violation of Article 8, establishing that family life exists between...
January 18, 2026
Mr Bernard challenged psychiatric experts' statements at his assize court trial for armed robbery, claiming they violated his presumption of innocence by expressing opinions on his guilt. The European Court of Human Rights found no violation, holding the statements formed only part of evidence and the trial as a whole...
January 18, 2026
An Algerian schizophrenic facing deportation from the UK claimed removal would breach his Convention rights due to risk of relapse without adequate treatment in Algeria. The Court found no violation of Articles 3, 8 or 13, holding the risks were speculative and the high threshold for Article 3 was not...
January 18, 2026
French-speaking Belgian parents challenged language education laws requiring Dutch-language instruction in Flemish regions. Belgium raised a preliminary objection to the Court’s jurisdiction. The Court unanimously rejected this objection, establishing that disputes concerning interpretation and application of the Convention fall within its jurisdiction. Facts Six applications were brought by French-speaking Belgian...
January 18, 2026
Mr Beldjoudi, born in France to Algerian parents, faced deportation despite living his entire life in France and being married to a French woman for over 20 years. The Court held that implementing the deportation order would violate Article 8, as it would disproportionately interfere with the couple's family life....
January 18, 2026
An Italian national who had lived in the UK since age 7 faced deportation following convictions for sexual abuse of his daughter. The Court of Appeal held that deportation was disproportionate given his lifelong residence in the UK, despite the serious nature of his offences, applying EU free movement and...
January 18, 2026
A 17-year-old Kurdish woman alleged she was raped and tortured while detained by Turkish security forces. The European Court of Human Rights found Turkey violated Article 3 (prohibition of torture) and Article 13 (right to effective remedy), holding that rape by a state official constitutes torture and that Turkey failed...
January 18, 2026
An Iranian national sought asylum in the Netherlands, claiming he faced persecution for political activities with the Fedayeen organisation. After being granted a residence permit, he withdrew his application. The Court struck the case from its list as the applicant no longer wished to pursue it. Facts The applicant, Mr...
January 18, 2026
A Pakistani Ahmadi convert appealed against the Immigration Appeal Tribunal's decision to overturn a Special Adjudicator's grant of asylum. The Court of Appeal found the IAT's reasoning on internal flight was flawed for failing to consider all relevant evidence about the appellant's circumstances and the situation in Karachi, remitting the...
January 18, 2026
Four Somali asylum-seekers were held in the transit zone of Paris-Orly Airport for twenty days without adequate legal basis or judicial review before being returned to Syria. The European Court of Human Rights found France violated Article 5(1), establishing that holding asylum-seekers in transit zones constitutes deprivation of liberty requiring...
January 18, 2026
A Sri Lankan citizen was refused leave to enter the UK as a student because the immigration officer was not satisfied she intended to leave after completing her studies. The House of Lords held that Rule 21 of the Immigration Rules gave the immigration officer discretion to admit her for...
January 18, 2026
A Somali refugee in Austria had his refugee status revoked after a criminal conviction for attempted robbery. Austria sought to deport him to Somalia. The Court held that deportation would breach Article 3 ECHR as he faced a real risk of torture or inhuman treatment due to ongoing civil war...
January 18, 2026
A Pakistani asylum seeker appealed against refusal of asylum, relying on documentary evidence including an arrest warrant and FIR. The Immigration Appeal Tribunal provided authoritative guidance on the assessment of documentary evidence in asylum cases, confirming that the burden lies on the claimant to show documents are reliable. Facts The...
January 18, 2026
Tamil husband and wife from Sri Lanka sought asylum. The husband had a well-founded fear of persecution in Jaffna but not in Colombo. The wife suffered post-traumatic stress disorder from rape. The Court of Appeal clarified the 'unduly harsh' test for internal relocation, holding refugee status depends on whether relocation...
January 18, 2026
Three women lawfully settled in the United Kingdom challenged immigration rules preventing their non-national husbands from joining them. The Court found the rules discriminated on grounds of sex, violating Article 14 with Article 8, as women faced stricter requirements than men for spousal settlement. Facts Mrs Abdulaziz, Mrs Cabales, and...
January 18, 2026
Somali refugee Mrs Abdi sought entry clearance for her orphaned nieces and nephews under the Somali family reunion policy. The Home Secretary refused, not being satisfied they were her dependants. The Court of Appeal held the decision was not in accordance with law as it was based on a factual...
January 18, 2026
A Jamaican woman who had informed police about her daughter's killer faced threats from a gang. She claimed asylum and human rights protection. The Court of Appeal admitted fresh expert evidence showing she would face a real risk of harm throughout Jamaica and allowed her appeal under Articles 2 and...
January 18, 2026
Foreign nationals suspected of terrorism were detained under the Anti-Terrorism, Crime and Security Act 2001 following the 9/11 attacks. The Court of Appeal allowed the Secretary of State's appeal, holding that detention of non-nationals alone was not discriminatory as they were in a different legal position from British nationals regarding...
January 18, 2026
Mr Macdougall held a lease of office premises from which his company Crest conducted insurance business. Following compulsory acquisition, the business was extinguished. The Court of Appeal considered whether Crest was entitled to disturbance payments under section 37 of the Land Compensation Act 1973 as a licensee in 'lawful possession'...
January 18, 2026
A shop manager refused to honour a price-matching notice displayed outside Dixon's store. The House of Lords held the notice became misleading when not honoured, but the manager could not be prosecuted under section 20(1) Consumer Protection Act 1987 as he was not conducting 'any business of his' – only...
January 18, 2026
Two female social workers were refused employment at a male prison due to their sex, with less qualified male candidates appointed instead. The Court established that national courts must interpret domestic law in light of EU directives to achieve their objectives, and that compensation for discrimination must be adequate and...
January 18, 2026
A Dutch national was refused entry to the UK to work for the Church of Scientology, which the UK government considered socially harmful. The ECJ ruled that Article 48 EEC Treaty and Directive 64/221 have direct effect, allowing individuals to rely on them in national courts, while Member States retain...
May 3, 2026
National Case Law Archive
May 3, 2026
National Case Law Archive
May 3, 2026
National Case Law Archive