January 18, 2026
D, a St Kitts national with terminal AIDS, faced deportation from the UK after serving a drug trafficking sentence. The Court held that removing him to St Kitts, where he would lack medical treatment and support, would constitute inhuman treatment violating Article 3 ECHR due to the exceptional humanitarian circumstances....
January 18, 2026
Chilean asylum seekers challenged their expulsion from Sweden to Chile, alleging risk of torture. The first applicant claimed past torture by Chilean authorities. Sweden expelled him despite the European Commission's request for interim measures. The Court found no violation of Article 3, Article 8, or Article 25, holding interim measures...
January 18, 2026
Civil servants at GCHQ were banned from joining national trade unions without prior consultation, citing national security. The unions claimed legitimate expectation of consultation. The House of Lords held that while prerogative powers are subject to judicial review, national security concerns justified the government's failure to consult. Facts Government Communications...
January 18, 2026
A seven-year-old boy at an independent boarding school received three 'whacks' with a rubber-soled gym shoe as corporal punishment. His mother complained this violated his Convention rights. The Court held there was no violation of Articles 3, 8 or 13, finding the punishment did not reach the minimum severity threshold....
January 18, 2026
Mr Chahal, a Sikh activist detained for deportation to India on national security grounds, challenged his removal and detention. The European Court of Human Rights held that deportation would violate Article 3 as he faced a real risk of torture, establishing that Article 3 protection is absolute regardless of national...
January 18, 2026
Two Kosovar Albanian asylum seekers challenged decisions refusing them refugee status. The Court considered whether protection provided by UNMIK and KFOR in Kosovo satisfied Convention requirements, and whether the 'internal flight alternative' applied. Both applications were refused, confirming that international protection in Kosovo was sufficient and internal relocation principles only...
January 18, 2026
Two Scottish mothers challenged the use of corporal punishment in their children's state schools. The European Court of Human Rights held that the UK violated parents' rights to have their children educated in conformity with their philosophical convictions, establishing important precedent on educational rights under the Convention. Facts Mrs Campbell...
January 18, 2026
Four appellants challenged immigration decisions refusing them asylum as refugees. The House of Lords established that courts must apply anxious scrutiny when reviewing decisions that may put an applicant's life at risk. Three appeals were dismissed but Musisi's appeal was allowed due to inadequate consideration of risks of return to...
January 18, 2026
Miss Brown was suspected of drink-driving and was required under section 172(2)(a) of the Road Traffic Act 1988 to identify herself as the driver. The Privy Council held that using her compelled admission at trial did not breach her Article 6 right to a fair trial, as the privilege against...
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...
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive