Court name: Upper Tribunal (Immigration and Asylum Chamber)
Date of decision:

This appeal to the Upper Tribunal of the Immigration and Asylum Chamber concerns the Secretary of State for the Home Department’s (hereinafter SSHD) decision to deprive the appellant of his British citizenship. The Upper Tribunal addressed the issue of whether Article 8(1) of the ECHR was engaged and whether the SSDH discretionary decision under section 40(2) or (3) to deprive the individual of his or her British citizenship was exercised correctly. The grounds for judicial review is that the delay in acting on the appellant’s fraud reduces the public interest in deprivation and is a disproportionate interference with Article 8 ECHR.

Court name: Federal Administrative Court
State: Germany
Date of decision:

The applicant is a stateless Palestinian who seeks to be recognised ipso facto as a refugee in Germany. The lower administrative courts in Germany granted him refugee status, but the Federal Administrative Court stayed the proceedings and referred questions to the CJEU for preliminary ruling (Bundesrepublik Deutschland v XT, case C‑507/19). After the CJEU ruling, the Federal Administrative Court applied the CJEU's reasoning to the applicant’s case and remanded the case to the lower courts for further investigation of the underlying facts about the applicant leaving Lebanon and Syria.

Court name: Committee on the Rights of the Child (CRC)
Date of decision:

The communication concerned M.K.A.H., a stateless child, and whether Switzerland violated his rights under Articles 2 (2), 6, 7, 16, 22, 24, 27, 28, 29, 37 and 39 UNCRC when it decided to return him and his mother to Bulgaria, pursuant to the agreement between Switzerland and Bulgaria relating to the readmission of migrants in irregular situations, where they had previously obtained subsidiary protection.

Some of the findings of the Committee were that (i) Switzerland had not respected the best interests of the child nor heard him at the time of hearing the asylum request; (ii) the child ran a real risk of being subject to inhuman and degrading treatment in case of a return to Bulgaria; (iii) Switzerland had not sought to take the necessary measures to verify whether the child would be able to acquire a nationality in Bulgaria. The Committee also found that Article 7 UNCRC implicates that States must take the necessary positive actions to implement the right to acquire a nationality.