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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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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

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

JM (Homosexuality: Risk) Uganda v. Secretary of State for the Home Department

Heard at Field House, on 30 November 2007. The decision was subsequently appealed before the Court of Appeal (England and Wales): OO ( Sudan) and JM (Uganda) v. Secretary of State for the Home Department [2009] EWCA Civ 1432.

11 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Criminal justice - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

HJ (Homosexuality: Reasonably Tolerating Living Discreetly) Iran v. Secretary of State for the Home Department

Heard at Field House on 25 February 2008. Decision following remittal for reconsideration by the Court of Appeal: J v. Secretary of State for the Home Department [2006] EWCA Civ 1238. The decision was further appealed before the Court of Appeal: HJ (Iran) v. Secretary of State for the Home Department; HT (Cameroon) v. Secretary of State for the Home Department [2009] EWCA Civ 172.

10 May 2008 | 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) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

DW (Homosexual Men - Persecution - Sufficiency of Protection) Jamaica v. Secretary of State for the Home Department

28 November 2005 | 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) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Jamaica - United Kingdom of Great Britain and Northern Ireland

HS (Homosexuals: Minors, Risk on Return) Iran v. Secretary of State for the Home Department

Heard at Taylor House on 19 May 2005 and 22 July 2005.

4 August 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Post-traumatic stress disorder (PTSD) - Social group persecution - Unlawful departure | Countries: Iran, Islamic Republic of - 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

MN (Findings on Homosexuality) Kenya v. Secretary of State for the Home Department

Heard at Field House on 3 November 2004.

28 January 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Kenya - United Kingdom of Great Britain and Northern Ireland

EK (Non Overt - Homosexual) Uganda v. Secretary of State for the Home Department

Heard at Field House on 22 January 2004.

12 February 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Criminal justice - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

YF (Homosexuality - Not Legal but No Real Risk) Eritrea v. Secretary of State for the Home Department

4 December 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution on the basis of sexual orientation or gender identity | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

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