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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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SB (Risk on Return - Illegal Exit) Iran v. Secretary of State for the Home Department

This case replaces AD (Risk - Illegal Departure) Iran CG [2003] UKIAT 00107. The conclusions of the Tribunal were endorsed by the Upper Tribunal in the country guidance case of BA (Demonstrators in Britain – risk on return) Iran CG [2011] UKUT 36 (IAC).

16 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Elections - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion - Prison or detention conditions - Prosecution vs persecution - Returnees - Unlawful departure | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

TK (Tamils - LP Updated) Sri Lanka v. Secretary of State for the Home Department

Heard at Procession House on 27 & 28 October 2009. The risk categories identified in LP (LTTE area - Tamils - Colombo - Risk?) Sri Lanka CG [2007] UKAIT 00076 and approved by the European Court of Human Rights in NA v. United Kingdom, App. no. 25904/07, remain valid.

11 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Combatants / Former combatants - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Right to family life - Single heads of household - Tamil - Unlawful departure | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

PO (Trafficked Women) Nigeria v. Secretary of State for the Home Department

Heard at Field House on 6 November 2008, 7 January 2009 and on 13 January 2009. The decision was subsequently appealed before the Court of Appeal (England and Wales): PO (Nigeria) v. Secretary of State for the Home Department [2011] EWCA Civ 132.

23 November 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Prostitution / Commercial sex work - Right to family life - Social group persecution - State protection - Trafficking in persons - Women-at-risk | Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland

KB (Para: 320(7A): "False Representations") Albania v. Secretary of State for the Home Department

Heard at Procession House on 8 September 2009.

2 October 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Refugees - Withdrawal of nationality | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

MK (Lesbians) Albania v. Secretary of State for the Home Department

Heard at Field House on 24, 25 and 26 September 2008, and 26 November 2008.

9 September 2009 | 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) - Forced marriage - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Mental health - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Prostitution / Commercial sex work - SGBV - Sexual and reproductive rights - Social group persecution - State protection - Trafficking in persons - Women-at-risk | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

MI (Hazara - Ismaili - Associate of Nadiri Family) Afghanistan v. Secretary of State for the Home Department

Heard at Field House on 18 December 2008.

28 August 2009 | 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) - Hazara - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Ismaili - Non-state agents of persecution - Racial / Ethnic persecution - Religious persecution (including forced conversion) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

SR (Iraqi Arab Christian: Relocation to KRG) Iraq v. Secretary of State for the Home Department

Heard at Field House on 6 November 2008.

31 July 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Christian - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Religious persecution (including forced conversion) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

AF (Terrorist Suspects - HS (Algeria) confirmed) Algeria v. Secretary of State for the Home Department

Heard at Field House on 5 February 2009 and 12 February 2009. The determination confirms the guidance in HS (Terrorist Suspect - Risk) Algeria v. Secretary of State for the Home Department CG [2008] UKAIT 00048.

22 June 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Diplomatic assurances - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Terrorism | Countries: Tunisia - United Kingdom of Great Britain and Northern Ireland

HA (Conduct of Hearing: Evidence required) Somalia v. Secretary of State for the Home Department

Heard at Field House on 5 March 2009.

9 May 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Appeal / Right to appeal - Ashraf - Evidence (including age and language assessments / medico-legal reports) - Racial / Ethnic persecution | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

FS (Treatment of Expert Evidence) Somalia v. Secretary of State for the Home Department

Heard at Field House on 20 November 2008.

12 January 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Ashraf - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Racial / Ethnic persecution | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

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