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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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IH (S.72; 'Particularly Serious Crime') Eritrea v. Secretary of State for the Home Department

Heard at Field House on 12 February, 3 and 9 September 2008.

9 March 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Burden of proof - Credibility assessment - Criminal justice - Deportation / Forcible return - Exclusion clauses - National security / Public order - Refoulement - Serious non-political crime | Countries: Eritrea - 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

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

RZ (Eurodac - Fingerprint Match - Admissible) Eritrea v. Secretary of State for the Home Department

Heard at Manchester on 6 November 2007.

28 January 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Burden of proof - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Pentecostal - Religious persecution (including forced conversion) - Safe third country - Standard of proof | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

RD (Cessation - Burden of Proof - Procedure) Algeria v. Secretary of State for the Home Department

28 June 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Appeal / Right to appeal - Burden of proof - Cessation clauses - Passports | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

MM (UDPS Members - Risk on Return) Democratic Republic of Congo v. Secretary of State for the Home Department

13 March 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Burden of proof - Credibility assessment - Persecution based on political opinion | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

WK (Article 8 - Expulsion Cases - Review of Case-Law) Palestinian Territories v. Secretary of State for the Home Department

23 August 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Burden of proof - Complementary forms of protection - Expulsion - Mental health - Public health - Standard of proof | Countries: Palestine, State of - United Kingdom of Great Britain and Northern Ireland

LW (Cancellation Refugee Status - UNHCR Note) Ethiopia v. Secretary of State for the Home Department

Heard: 11.01.2005; Signed: 11.01.2005; Sent out: 03.02.2005. Asylum seeker - recognized as a refugee in another country - burden on Home Office to show most substantial and clear grounds for not according refugee status in this country.

3 February 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Burden of proof - Standard of proof | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

16 (Return - Kabul - Pashtun) Afghanistan v. Secretary of State for the Home Department

13 February 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Burden of proof - Changes of circumstances in home country - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Non-state agents of persecution - Persecution based on political opinion - Racial / Ethnic persecution - Religious persecution (including forced conversion) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Babela v. Secretary of State for the Home Department

20 January 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Countries: Congo, Republic of the - United Kingdom of Great Britain and Northern Ireland

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