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SOGI Casebook chapters Archives: Asylum and immigration

In re Appeal for the Cancellation of Denied Refugee Status Recognition, Seoul Administrative Court, South Korea (24 December 2009)

Procedural Posture The claimant appealed the decision of the Minister of Justice, who denied his application for refugee status. Facts The claimant was a homosexual man with Pakistani citizenship. On 24 December 1996, the claimant legally entered the Republic of Korea, where he remained following the expiration of his visa. The claimant was arrested and […]

Razkane v. Holder, United States Court of Appeal for the 10th Circuit (21 April 2009)

Procedural Posture The petitioner applied for restriction on removal pursuant to the Immigration and Nationality Act. An Immigration Judge denied application. The Board of Immigration Appeals upheld the Immigration Judge’s decision. The petitioner appealed to the Tenth Circuit Court of Appeals. Facts The petitioner was a Moroccan citizen who entered the United States in 2003. […]

Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/HRC/7/3/Add.1, 19 February 2008: France

74. Hamid Balaei, âgé de 21 ans, d’origine iranienne. Il aurait fui l’Iran pour échapper aux poursuites liées à son orientation sexuelle un an et demi auparavant. Il aurait été arrêté par la police à Paris le 18 juillet 2007 et se trouverait en détention depuis lors. Sa déportation en Iran serait imminente. Des craintes […]

Nabulwala v. Gonzales, United States Court of Appeals for the 8th Circuit (21 March 2007)

Procedural Posture The petitioner, a Ugandan citizen, challenged the final order of the Board of Immigration Appeals denying her claim for asylum, withholding of removal (a stay of the deportation order), and for relief under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Facts The petitioner arrived in the United […]

Report of the High Commissioner for Human Rights on human rights and mass exoduses, A/HRC/4/105, March 14, 2007: Argentina

Implementation of General Assembly resolution 60/251 of 15 March 2006 entitled “Human Rights Council” III. Overview of information provided by Member States Argentina 22. In Argentina, the status of refugee is recognized for “individuals who have been discriminated against for religious reasons, objections of conscience, gender, or sexual orientation”. Argentina has interpreted the definition of […]

Report of the Special Rapporteur on freedom of religion or belief, Summary of cases transmitted to Governments and replies received, A/HRC/4/21/Add.1, March 8, 2007

152. The Special Rapporteurs brought to the attention of the Government information they had received relating to a questionnaire introduced in the state of Baden-Württemberg. The questionnaire is to be answered by citizens of the 57 member states of the Organization of the Islamic Conference (OIC) who apply for German citizenship. According to the information […]