ProjectsThird-Country Removals

Court Decisions

The register organized by the question each court answered rather than by date, so a reader looking for the law on one point can find every decision on it, including the ones that came out the other way.

The register holds every court decision the Coalition has read, in the order the courts handed them down. That is the right order for a record and the wrong order for a search. A person arriving with a question, whether a court has ever required notice before a removal to a country the person has no connection to, does not want a chronology. He wants the decisions on that question, and he wants to see whether the courts agree.

This page is the other way in. Every record in the register is tagged with the questions it answers, and those tags are turned into the index below. Each category opens the register filtered to that question, so what appears is every decision the Coalition has read on it, including the ones that came out the other way.

What a record contains

The court and the date. The docket number and the citation, where the source supplied them. What the court decided, stated as a disposition rather than as a characterization. A one-sentence statement of the holding. And a link to the court’s own text, so that nobody has to take the Coalition’s summary on trust.

Where a source did not supply a detail, the field is left empty rather than filled with a guess. An empty field is a smaller problem than a confident error, and it is visible, which a confident error is not.

Three cautions about using it

A holding summary is not the opinion. One sentence cannot carry the reasoning, the facts it depended on, or the limits the court placed on it. The summary exists to help a reader decide which opinion to open. It is not a substitute for opening it.

A decision is only law where it is law. A ruling from one district court binds nobody, a court of appeals decision binds the district courts in its circuit, and a circuit that has not addressed a question is not bound by another circuit that has. The register records what each court said. It does not record what any of it means for a particular case in a particular place.

The law moves. A decision in this register was good law when it was read. It may have been stayed, reversed, vacated, or overtaken since. Anyone relying on an entry for a live matter should check its current status in the court’s own records before doing so.

Nothing here is legal advice, and reading it is not a substitute for a lawyer.

How this connects to the rest of the site

Decisions are the evidence the other projects rest on, which is why they are gathered here instead of being scattered through them. A country guide describes what happens to people sent to a particular place; the decisions about those removals are in this register. The diplomatic assurances project explains a doctrine; the cases that made the doctrine are in this register. Every project links into the categories that carry its case law, and this page links back to the projects, so a reader can move between the question and the subject in either direction.

By the question the court answered

A decision that answers more than one question appears under each of them, so these figures add up to more than the number of decisions in the register. Open the whole register in date order.

The subjects these decisions belong to

  • Country Guides What a person actually finds in the country they were sent to: whether transfers there are established, whether people have been detained on arrival, whether anyone has been removed onward, and who can be reached inside the country.
  • Diplomatic Assurances A promise by one government to another that a particular person will not be tortured after he is handed over. What the law requires before one may be relied on, what the courts have held, and why serious people disagree about whether the practice can be made safe.
  • Third-Country Removals The removal of people who hold protection under the Convention Against Torture to countries other than their own: what the law permits, what it prohibits, what the record shows, and where the sources are.