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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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AY (Political Parties - SCP - Risk) Sudan v. Secretary of State for the Home Department

Heard at Field House on 18 and 19 February 2008.

16 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Human rights activists - Persecution based on political opinion - Political parties | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

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

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).

14 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): 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 | Countries: China - United Kingdom of Great Britain and Northern Ireland

NA (Palestinians - Risk) Iraq v. Secretary of State for the Home Department

Heard at Kings Court, North Shields, on 13 November 2007. JA (Ethnic Palestinian - Iraq - Objective Evidence) Iraq v. Secretary of State for the Home Department CG [2005] UKIAT 00045 is no longer to be considered country guidance.

14 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Abduction - Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Palestinian - Persecution based on political opinion - Persecution of family members - Refugee status determination (RSD) / Asylum procedures - Single heads of household - Statelessness - Statelessness | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

HJ (Homosexuality: Reasonably Tolerating Living Discreetly) Iran v. Secretary of State for the Home Department

Heard at Field House on 25 February 2008. Decision following remittal for reconsideration by the Court of Appeal: J v. Secretary of State for the Home Department [2006] EWCA Civ 1238. The decision was further appealed before the Court of Appeal: HJ (Iran) v. Secretary of State for the Home Department; HT (Cameroon) v. Secretary of State for the Home Department [2009] EWCA Civ 172.

10 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

SD (Treatment of Post-Hearing Evidence) Russia v. Secretary of State for the Home Department

Hear at Field House on 29 January 2008.

23 April 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Residence permits / Residency - Right to family life | Countries: Russian Federation - United Kingdom of Great Britain and Northern Ireland

MA (Disputed Nationality) Ethiopia v. Secretary of State for the Home Department

Heard at Field House on 10 September 2007. This decision replaces MA (Ethiopia - Mixed Ethnicity - Dual Nationality) Eritrea v. Secretary of State for the Home Department [2004] UKIAT 00324.

17 April 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Deportation / Forcible return - Multiple nationality - Persecution based on political opinion - Proof of nationality | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

KA (Statelessness: Meaning and Relevance) Stateless v. Secretary of State for the Home Department

Heard at Newport on 13 September 2007.

14 April 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Deportation / Forcible return - Persecution based on nationality - Refugee status determination (RSD) / Asylum procedures - Statelessness - Statelessness | Countries: Ethiopia

AA (Language Diagnosis: Use of Interpreters) Somalia v. Secretary of State for the Home Department

9 April 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Benadiri - Evidence (including age and language assessments / medico-legal reports) - Racial / Ethnic persecution | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

MJ and ZM (Ahmadis - Risk) Pakistan v. Secretary of State for the Home Department

Heard at Field House on 15 November and 19 December 2007. The Court of Appeal affirmed, subsequently, the "country guidance" status of the determination: Secretary of State for the Home Department v. IA (Pakistan) [2008] EWCA Civ 580.

4 April 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Ahmadis - Country of origin information (COI) - Criminal justice - Freedom of religion - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Prosecution vs persecution - Religious persecution (including forced conversion) | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

KH (Article 15(c) Qualification Directive) Iraq v. Secretary of State for the Home Department

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

25 March 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arabs - Complementary forms of protection - Conflict situation - Country of origin information (COI) - EU Qualification Directive - Evidence (including age and language assessments / medico-legal reports) - Gender-based persecution - International humanitarian law (IHL) / Geneva Conventions - Kurd - Racial / Ethnic persecution | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

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