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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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ZQ (Serving Soldier) Iraq v. Secretary of State for the Home Department

Heard at Birmingham, 10 June 2008 and Field House, 23 January 2009. NH (Iraq-Yazidis) Iraq CG [2004] UKIAT 00306 is no longer to be followed.

2 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Combatants / Former combatants - Country of origin information (COI) - International humanitarian law (IHL) / Geneva Conventions - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Right to life - Security situation - War crimes - Yazīdī | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

RQ (Afghan National Army - Hizb-i-Islami - Risk) Afghanistan v. Secretary of State for the Home Department

Heard at Field House, on 5 June 2007.

20 August 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Armed forces / Military - 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) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - State protection | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

MA (Draft Evaders - Illegal Departures - Risk) Eritrea v. Secretary of State for the Home Department

26 June 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Unlawful departure | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

YI (Previous Claims - Fingerprint Match - EURODAC) Eritrea v. Secretary of State of Home Department

4 June 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Safe third country | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

BE (Disobedience to Orders - Landmines) Iran v. Secretary of State for the Home Department

12 March 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Crimes against humanity - Exclusion clauses - International humanitarian law (IHL) / Geneva Conventions - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - War crimes | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

AH (Failed Asylum Seekers - Involuntary Returns) Eritrea v. Secretary of State for the Home Department

27 November 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Christian - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Involuntary repatriation - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Religious persecution (including forced conversion) | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

WA (Draft Related Risks Updated - Muslim Women) Eritrea v. Secretary of State for the Home Department

30 October 2006 | 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) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Muslim - Persecution based on political opinion - Women-at-risk | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

HGMO (Relocation to Khartoum) Sudan v. Secretary of State for the Home Department

Subsequently replaced by: AA (Non-Arab Darfuris – Relocation) Sudan CG [2009] UKAIT 00056, save in respect of the guidance summarised at (2) and (6) of the headnote to the case.

3 August 2006 | 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) - IDP camps - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Involuntary repatriation - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Public health - Racial / Ethnic persecution - Single heads of household - Women-at-risk | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

PN (Lord's Resistance Army) Uganda v. Secretary of State for the Home Department

6 March 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Transitional justice (including amnesty laws) | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

PS (Prison Conditions; Military Service) Ukraine v. Secretary of State for the Home Department

This determination supersedes TV (Ukraine - Prison conditions) Ukraine [2004] UKIAT 00222.

22 February 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prison or detention conditions | Countries: Ukraine - United Kingdom of Great Britain and Northern Ireland

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