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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

ZC & Others (Risk - Illegal Exit - Loan Sharks) China v. Secretary of State for the Home Department

Heard at Field House on 27 February 2009. The guidance in LJ (Prison Conditions – No Risk) China [2005] UKIAT 00099 and HL (Risk - Return - Snakeheads) China CG [2002] UKIAT 03683 is still applicable.

20 July 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Prosecution vs persecution - Rejected asylum-seekers - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

AJ (Risk to Homosexuals) Afghanistan v. Secretary of State for the Home Department

Heard at Field House on 28 October 2008.

5 January 2009 | 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) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Pashtun - Persecution on the basis of sexual orientation or gender identity - Prosecution vs persecution - Social group persecution | Countries: Afghanistan - 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

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

SC (Double Jeopardy - WC Considered) China v. Secretary of State for the Home Department

This decision is no longer country guidance on the issue of double jeopardy and was replaced by JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department CG [2008] UKAIT 00036.

23 January 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Prosecution vs persecution | Countries: China - United Kingdom of Great Britain and Northern Ireland

AT (Homosexuals: need for discretion?) Iran v. Secretary of State for the Home Department

Heard at Manchester on 13 July 2005.

27 July 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Prosecution vs persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

RB (Credibility - Objective Evidence) Uganda v. Secretary of State for the Home Department

8 October 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Prosecution vs persecution - Right to justice | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

WC (No Risk of Double Punishment) China v. Secretary of State for the Home Department

Heard on 24 February 2004. This decision is no longer factually accurate on the issue of double jeopardy: JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department CG [2008] UKAIT 00036.

15 September 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Criminal justice - Death penalty - Deportation / Forcible return - Persecution based on political opinion - Prosecution vs persecution - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

Secretary of State for the Home Department v. FM (FIS Amnesty - Seddon Report) Algeria

11 September 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Cessation clauses - Country of origin information (COI) - Exclusion clauses - Persecution based on political opinion - Prosecution vs persecution | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

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