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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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LM (Risks on Return) Republic of Congo (Congo-Brazzaville) v. Secretary of State for the Home Department

Heard at Field House, on 4 August 2008.

1 September 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Persecution based on political opinion - Sur place persecution | Countries: Congo, Republic of the - United Kingdom of Great Britain and Northern Ireland

PD (Grounds - Implied Variation - Section 86(3)) Sri Lanka v. Secretary of State for the Home Department

Heard at Field House on 28 May 2008.

23 July 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Appeal / Right to appeal - Asylum policy - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Persecution based on political opinion - Police - Post-traumatic stress disorder (PTSD) | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

AN & SS (Tamils - Colombo - Risk?) Sri Lanka v. Secretary of State for the Home Department

Heard at Field House, on 11-13 February 2008. This determination updates and supersedes PS (LTTE – internal flight – sufficiency of protection) Sri Lanka CG [2004] UKIAT 297. PR (medical facilities) Sri Lanka CG [2002] UKIAT 4269 is, owing to its antiquity, no longer to be treated as country guidance on the availability of medical treatment for returnees. The guidance in PS and LP (LTTE Area - Tamils - Colombo - Risk?) Sri Lanka CG [2007] UKAIT 00076, however, has been considered and approved by the European Court of Human Rights in NA v United Kingdom, handed down on 17th July 2008. See also R (on the application of SS (Sri Lanka)) v. Secretary of State for the Home Department [2009] EWHC 223 (Admin), which confirmed the approach to the current risk as stated in NA.

6 July 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Security forces - Security situation | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

SA (Article 8 - Burden of Proof) Algeria v. Secretary of State for the Home Department

Heard at Field House on 16 May 2008.

18 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Burden of proof - Deportation / Forcible return - Right to family life | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

AO (Unreported Determinations Are Not Precedents) Japan v. Secretary of State for the Home Department

Heard at Field House on 29 April 2008.

16 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Family reunification - Residence permits / Residency - Right to family life | Countries: Japan - United Kingdom of Great Britain and Northern Ireland

HH (Criminal Record - Deportation: "war zone") v. Secretary of State for the Home Department

Heard at Field House on 28 January – 1 February 2008.

11 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Conflict situation - Criminal justice - Deportation / Forcible return - Exceptional leave to remain (ELR) - Illegal entry - Security situation - Visas | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

JM (Homosexuality: Risk) Uganda v. Secretary of State for the Home Department

Heard at Field House, on 30 November 2007. The decision was subsequently appealed before the Court of Appeal (England and Wales): OO ( Sudan) and JM (Uganda) v. Secretary of State for the Home Department [2009] EWCA Civ 1432.

11 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Criminal justice - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

VM (FGM - Risks - Mungiki - Kikuyu/Gikuyu) Kenya v. Secretary of State for the Home Department

Heard at Field House on 9 November and 18 December 2007. This guidance supersedes that in FK (FGM – Risk and Relocation) Kenya v. Secretary of State for the Home Department CG [2007] UKAIT 00041.

9 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Female genital mutilation (FGM) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kikuyu - Social group persecution - Women-at-risk | Countries: Kenya - United Kingdom of Great Britain and Northern Ireland

WD (Lebanon - Palestinian - ANO - Risk) Lebanon v. Secretary of State for the Home Department

Heard at Field House on 6 and 7 March 2008.

21 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Palestinian - Persecution based on political opinion - Political groups - Refugee camps | Countries: Lebanon - United Kingdom of Great Britain and Northern Ireland

HS (Terrorist Suspect - Risk) Algeria v. Secretary of State for the Home Department

Heard at Field House on 19 and 20 November 2007. Later confirmed by AF (Terrorist Suspects – HS (Algeria) confirmed) Algeria CG [2009] UKAIT 00023.

19 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Deportation / Forcible return - Diplomatic assurances - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Terrorism | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

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