Case Study: Hilal vs UK 07.03.2014 Refugee and Asylum Law Outline - - PowerPoint PPT Presentation

Case Study: Hilal vs UK

Refugee and Asylum Law 07.03.2014

Outline

Refugee and Asylum Law 07.03.2014

I Facts II Proceedings III Relevant international law IV Court‘s findings V Analysis

Facts

l Refugee and Asylum Law 07.03.2014

• Man of Tanzanian origin living on Pemba in Zanzibar
• Member of the opposition party CUF
• Persecuted by the CCM, the ruling party in Tanzania
• Experienced ill-treatment while detained in prison
• Mr. Hilal applied for asylum in the UK

Proceedings

Refugee and Asylum Law 07.03.2014

• Inconsistencies between the initial asylum interview and the first

hearing

• New evidence provided during proceedings
• Lack of credibility
• Ultimately Mr. Hilal’s application was rejected, sentencing him to

return to Tanzania

• Appeal to the European Court of Human Rights

Relevant International Law

Refugee and Asylum Law 07.03.2014

• Applicant claimed violation of Art. 3, 6, 8 and 13 of the

Convention

„No one shall be subjected to torture or to inhuman or degrading treatment or punishment.“ (Art. 3)

Court‘s Findings

Refugee and Asylum Law 07.03.2014

• The applicant‘s credibility
• Evidence
• Internal flight

Analysis

Refugee and Asylum Law 07.03.2014

• The domestic procedure in the UK: What went wrong?
• The judgement of the European Court of Human Rights