ABAR15 v Minister for Immigration and Border Protection
Country: AustraliaYear: 2016
Court: Federal Court of Australia
Citation: (No 2) [2016] FCA 721
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
This case addresses whether a protective visa under Australia’s Migration Act should be granted when appellant fears for her safety on return to her country because of domestic violence at the hands of her husband. A 54-year-old Vietnamese woman (appellant) was detained for being an unlawful non-citizen in Australia in 2014. She had remained in …Read more
Alimov v. Turkey
Country: TurkeyYear: 2016
Court: The European Court of Human Rights
Citation: Application no. 14344/13
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to water and sanitation
This case relates to the lawfulness and material conditions of the detention of an Uzbek refugee in Turkish holding facilities. The applicant and his family sought refuge in Turkey. The applicant was refused entry. He was placed in a detention facility at the airport pending his repatriation. The applicant’s new asylum request was rejected, to …Read more
Kanthasamy v Canada (Citizenship and Immigration)
Country: CanadaYear: 2015
Court: The Supreme Court of Canada
Citation: 2015 SCC 61
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
The appellant was a 17 year old boy who applied for permanent residence from within Canada, having previously landed as a refugee claimant. He travelled to Canada to escape threatened violence from the army and police in Sri Lanka, his native country after he was detained and questioned by the Sri Lankan police and army. …Read more
Canadian Doctors for Refugee Care, et al. v. Attorney General of Canada et al.
Country: CanadaYear: 2014
Court: Federal Court
Citation: (2014) FC 651
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
In 2012, the Governor-in-Council passed two orders modifying the Interim Federal Health Program (IFHP), thereby reducing health insurance coverage for refugee and asylum claimants in Canada. Canadian Doctors for Refugee Care (CDRC) and two groups of lawyers challenged the changes to the program to restore better coverage as the changes had a significant negative impact …Read more
Case 562/13
Country: BelgiumYear: 2014
Court: Grand Chamber
Citation: C-562/13. Centre public d’action sociale d’Ottgnies-Louvain-la-Neuve v. Moussa Abdida
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more
F.K.A.G. et al. v. Australia
Country: AustraliaYear: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2049/2011, CCPR/C/108/D/2094/2011
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”). At the time of the submission, all of the authors were …Read more
M.M.M. v. Australia
Country: AustraliaYear: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2136/2012, CCPR/C/108/D/2136/2012
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
The authors, nine persons held in Australian immigration detention facilities, alleged violations of various articles (named below) of the International Covenant on Civil and Political Rights (the “Covenant”). The authors had different backgrounds. Two were Myanmarese citizens, six were Sri Lankan citizens, and one was a Kuwaiti citizen. They all entered Australian territorial waters on …Read more
Tomlinson v. Belize and Trinidad & Tobago
Country: Belize, Trinidad and TobagoYear: 2013
Court: Caribbean Court of Justice
Citation: Tomlinson v. Belize and Trindad & Tobago, CCJ (2013); CCJ Application No. OA 2 of 2013
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of movement and residence
The petitioner was a homosexual man and an LGBT activist who had traveled to Belize and Trinidad and Tobago; he had never been denied entry into either state. When he learned that section 5 of the Belize Immigration Act and section 8 of the Trinidad and Tobago prohibited homosexuals, prostitutes, or any person who living …Read more
Laidlow v The Minister of Citizenship and Immigration
Country: CanadaYear: 2012
Court: Federal Court
Citation: (2012) FC 144
Health Topics: Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to health, Right to life
The applicant was a citizen of Saint Vincent and the Grenadines who entered Canada on a visitor visa, and remained in Canada illegally after his visa had expired. During this time, he was hospitalized after losing his eyesight and memory. He was diagnosed with a benign tumor affecting his brain and pituitary gland. The tumor …Read more
Ubamaka Edward Wilson v. Secretary for Security and Another
Country: ChinaYear: 2012
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACV No. 15 of 2011
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
In 1991, the appellant, a Nigerian national, was arrested at the Hong Kong airport for drug trafficking, and subsequently sentenced to 24 years imprisonment. During this time, he applied several times to the Hong Kong and UK governments to be allowed to serve his sentence in Nigeria. However, in 1998 he desisted after becoming aware …Read more