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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

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

AL & Others (Malaysia BOCs) Malaysia v. Secretary of State for the Home Department

Heard at Field House on 29 April 2008.

3 July 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Deportation / Forcible return - Discrimination based on race, nationality, ethnicity - Freedom from torture, inhuman and degrading treatment - Residence permits / Residency - Right to family life - Rights of non-citizens - Statelessness - Visas | Countries: Malaysia - 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

OY (Chechen Muslim Women) Russia v. Secretary of State for the Home Department

Heard at Field House on 2 October 2008.

22 December 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Chechen - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Muslim - Persecution based on political opinion - Women-at-risk | Countries: Russian Federation - United Kingdom of Great Britain and Northern Ireland

SI (Expert Evidence - Kurd - SM Confirmed) Iraq v. Secretary of State for the Home Department

Heard at Glasgow (Eagle Building) on 7 May 2008. The guidance in SM and Others (Kurds - Protection - Relocation) Iraq CG [2005] UKIAT 00111 regarding relocation of a Kurd from the KRG to central or southern Iraq is confirmed.

15 December 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Blood feuds - Complementary forms of protection - Country of origin information (COI) - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Honour killings - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd | 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

HS (Terrorist Suspect - Risk) Algeria v. Secretary of State for the Home Department

Heard at Field House on 19 and 20 November 2007. Later confirmed by AF (Terrorist Suspects – HS (Algeria) confirmed) Algeria CG [2009] UKAIT 00023.

19 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Deportation / Forcible return - Diplomatic assurances - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Terrorism | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

AY (Political Parties - SCP - Risk) Sudan v. Secretary of State for the Home Department

Heard at Field House on 18 and 19 February 2008.

16 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) - Freedom from torture, inhuman and degrading treatment - Human rights activists - Persecution based on political opinion - Political parties | Countries: Sudan - 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

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