JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department

Author: Asylum and Immigration Tribunal (AIT)
Document source:

United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority
Date:
14 May 2008

In this section

Appeal dismissed.

Author

Asylum and Immigration Tribunal (AIT)

Title

JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department

Document source

United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority

Date

14 May 2008

Document number

CG [2008] UKAIT 00036

Document type

Collection

Country

United Kingdom of Great Britain and Northern Ireland (the)

China

Keywords

Burden of proof

Corruption

Country of origin information (COI)

Credibility assessment

Criminal justice

Deportation / Forcible return

Freedom from torture, inhuman and degrading treatment

Persecution based on political opinion

Prison or detention conditions

Prosecution vs persecution

Comments:

Heard at Field House on 21-23 January 2008. The decisions in WC (No Risk of Double Punishment) China v. Secretary of State for the Home Department [2004] UKIAT 00253 and SC (Double Jeopardy - WC Considered) China v. Secretary of State for the Home Department CG [2006] UKAIT 00007 are no longer factually accurate, and SC should no longer be treated as country guidance. The Court of Appeal (England and Wales) dismissed a subsequent appeal: [2009] EWCA Civ 81. Guidance subsequently confirmed by the Upper Tribunal (Immigration and Asylum Chamber) in YF (double jeopardy - JC confirmed) China CG [2011] UKUT 32 (IAC).

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