Strategic Litigation Procedures

This section is intended as a guide to steps that may take place in the strategic litigation of a case. Procedures vary greatly between jurisdictions; therefore, this chapter is intended to highlight frequent issues, considerations and actions that may occur, though it is by no means definitive.

This following diagram summarizes potential steps to be taken internally by your organization:

As litigating refugee rights internationally is a developing field, the refugee rights community may be able to learn from your experiences. Please share any successes, struggles, lessons learned and requests for advice with networks such as:

When deciding to pursue strategic litigation avenues, always consider the worst case scenario outcome. Exercise caution where conservative judiciaries have a tendency to issue reactive decisions or defer to government wishes, and in such instances always report any regressive steps to human rights monitors.