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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

NM (Christian Converts) Afghanistan v. Secretary of State for the Home Department

This decision replaces AR (Christians - risk in Kabul) Afghanistan [2005] UKAIT 00035 only in so far as it deals with Muslims who have converted to Christianity. The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

13 November 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Christian - Country of origin information (COI) - Evangelical - Non-state agents of persecution - Religious persecution (including forced conversion) | Countries: Afghanistan - 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

SZ and JM (Christians - FS Confirmed) Iran v. Secretary of State for the Home Department

Conditions for Christians in Iran have not deteriorated sufficiently to necessitate a change in the guidance in FS and Others (Iran - Christian Converts) Iran CG [2004] UKIAT 00303 Iran. For some converts to sacrament-based churches the conditions may be such that they could not reasonably be expected to return and their cases must be considered on HJ (Homosexuality: Reasonably Tolerating Living Discreetly) Iran [2008] UKAIT 00044 grounds.
It remains to be seen whether the proposed inclusion of apostasy in the amended criminal code will make a material difference. The amendments to the code are part of a wholesale change in the criminal law and not solely aimed at converts. The proposals are still before Parliament.
'Proselytising' and 'evangelising' are not terms of art and distinctions should not be drawn between them.

12 November 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Catholic - Christian - Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Evangelical - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) | Countries: Iran, Islamic Republic of - 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

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

IA and Others (Ahmadis: Rabwah) Pakistan v. Secretary of State for the Home Department

This determination supersedes the following Country Guidance cases:
- MM (Ahmadi - Internal Relocation) Pakistan v. Secretary of State for the Home Department CG [2002] UKIAT 05714; and
- AZ (Risk - Ahmadi) Pakistan v. Secretary of State for the Home Department CG [2002] UKIAT 02642.

23 October 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Ahmadis - 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: Pakistan - United Kingdom of Great Britain and Northern Ireland

OM (Returning Citizens - Minorities - Religion) Uzbekistan v. Secretary of State for the Home Department

23 May 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Christian - Muslim - Passports - Racial / Ethnic persecution - Religious persecution (including forced conversion) | Countries: United Kingdom of Great Britain and Northern Ireland - Uzbekistan

NS (Iraq: Perceived Collaborator: Relocation) Iraq v. Secretary of State for the Home Department

11 April 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Christian - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Persecution based on political opinion - Religious persecution (including forced conversion) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

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