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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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R (on the application of MP (Congo)) v. Secretary of State for the Home Department

On appeal from the Queen's Bench, Administrative Court.

29 January 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Asylum policy - Exceptional leave to remain (ELR) - Persecution based on political opinion - Residence permits / Residency - Right to family life | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

Abdi and Others v. Secretary of State for the Home Department

The decision was subsequently appealed before the Court of Appeal: [2010] EWCA Civ 111.

19 December 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Asylum-seekers - Criminal justice - Deportation / Forcible return - Immigration Detention - Refugees - Right to liberty and security | Countries: Congo, Democratic Republic of the - Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

DL (Democratic Republic of Congo) v. Entry Clearance Officer, Pretoria; ZN (Afghanistan) v. Entry Clearance Officer, Kirachi

On appeal from the Asylum and Immigration Tribunal (OA/23223/2006 & OA/28966/2006).

18 December 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Cessation clauses - Family reunification - Immigration law - Pre-entry procedures - Refugees - Right to family life | Countries: United Kingdom of Great Britain and Northern Ireland

Décision N°606683, 3 décembre 2008, Cour Nationale du Droit D'Asile

3 December 2008 | Judicial Body: France: Cour nationale du droit d'asile | Countries: Congo, Democratic Republic of the - France

BK (Democratic Republic of Congo) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal (AA049582006).

3 December 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Credibility assessment - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Witnesses | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

MB (Rule 30 Procedure Rules) DRC v. Secretary of State for the Home Department

Heard at Field House on 10 September 2008.

13 October 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Appeal / Right to appeal - Deportation / Forcible return - Public health - Right to family life | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

Refugee Appeal No. 76207

This is an abridged version of the decision. Some particulars have been removed from or summarised in the decision pursuant to s129T of the Immigration Act 1987. Where this has occurred, it is indicated by square brackets.

1 October 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Arbitrary arrest and detention - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion | Countries: Congo, Democratic Republic of the - New Zealand

NA (Risk Categories - Hema) Democratic Republic of Congo v. Secretary of State for the Home Department

Heard at Field House on 30 June 2008. The country guidance in AB and DM (Risk Categories Reviewed – Tutsis Added) DRC CG [2005] UKAIT 00118 is confirmed subject to adding that members of the Hema tribe are likely to be treated by the authorities in the DRC in the same way as Tutsis and Rwandans and may be at risk of persecution on return to the Ituri region.

29 September 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Hema - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Racial / Ethnic persecution - Rwandans - Tutsis | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

R (on the application of MT) v. Secretary of State for the Home Department, GSL UK Ltd., Nestor Healthcare Services PLC

Application for judicial review.

25 July 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Asylum-seekers - Expedited procedures - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Medical screening - SGBV | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

R (on the application of (Kalombo) v. Secretary of State for the Home Department

Application for judicial review.

17 June 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Hutus - Persecution based on nationality - Racial / Ethnic persecution - Rwandans | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

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