A
monthly round-up of recent significant human rights decisions from common law
jurisdictions:
AUSTRALIA
Dranichnikov
v Minister for Immigration and Multicultural Affairs; Re Minister for
Immigration
[2003] HCA 26
High Court, 8 May 2003
�Particular
social group� category must be precisely defined when assessing refugee claim
Refugee
Tribunal erred by treating Russian asylum seeker as a member of a wide social
group of entrepreneurs and/or businessmen. Instead should have classified him as
coming from a more limited group consisting of entrepreneurs and/or businessmen
who had publicly criticised law enforcement authorities for failing to take
action against crime or criminals, thereby placing themselves at risk of
persecution.
Full
text at http://www.austlii.edu.au/au/cases/cth/high_ct/2003/26.html
CANADA
Halpern
v Canada (Attorney general)
(2003-06-10) ONCA C39172;C39174
Ontario Court of Appeal, 10 June 2003
Unlawful
discrimination to deny same-sex couples the right to marry.
Case
brought by seven gay and lesbian couples that wished to participate in a civil
marriage ceremony.
Full
text at http://www.canlii.org/on/cas/onca/2003/2003onca10314.html
UK
Razgar, R (on the application of) v Secretary of State
for the Home Department
[2003] EWCA Civ 840 (19 June 2003)
Court of Appeal, 19 June 2003
The Secretary of State cannot lawfully issue a
certificate under section 72(2)(a) of the Immigration and Asylum Act 1999 that
human rights claims by asylum seekers are �manifestly unfounded� unless the
claim is bound to fail before an
adjudicator. Insufficient that he considers that the claim is likely to fail on
appeal, or even that it is very likely to fail.
Challenge by an Iraqi asylum seeker of the decision
to remove then to another EU state on the grounds that would unnecessarily
interfere with his family life contrary to Art 8 of the ECHR.
Full text at http://www.bailii.org/ew/cases/EWCA/Civ/2003/840.html
USA
Grutter
v Bollinger (02-241)
Supreme Court, 23 June 2003
Affirmative
action upheld in university admissions policy.
White
Michigan resident unsuccessfully challenged University of Michigan�s
admissions policy designed to achieve ethnic diversity.
Full
text at http://supct.law.cornell.edu/supct/html/02-241.ZS.html