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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

SH (Prison Conditions) Bangladesh v. Secretary of State for the Home Department.

Heard at Field House on 10 June 2008. In view of the significant changes in Bangladesh politics in recent years, AA (Bihari - Camp) Bangladesh CG [2002] UKIAT 01995, H (Fair Trial) Bangladesh CG [2002] UKIAT 05410 and GA (Risk - Bihari) Bangladesh CG [2002] UKIAT 05810 are now removed from the list of AIT country guidance cases.

13 October 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Complementary forms of protection - Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Human rights activists - Political parties - Prison or detention conditions | Countries: Bangladesh - 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

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

HM (Risk Factors for Burmese Citizens) Burma v. Secretary of State for the Home Derpartment

23 January 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Freedom from torture, inhuman and degrading treatment - Passports - Persecution based on political opinion - Prison or detention conditions - Unlawful departure | Countries: Myanmar - United Kingdom of Great Britain and Northern Ireland

MA (Operational Guidance - Prison Conditions - Significance) Sudan v. Secretary of State for the Home Department

Heard on 28 September 2005.

21 October 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Prison or detention conditions | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

LJ (Prison Conditions - No Risk) China

Heard on 24 February 2005.

10 May 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Prison or detention conditions | Countries: China - United Kingdom of Great Britain and Northern Ireland

AG (Returnees - Deserters - Prison Conditions) Rwanda v. Secretary of State for the Home Department

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28 October 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prison or detention conditions - Returnees | Countries: Rwanda - United Kingdom of Great Britain and Northern Ireland

ZB (Russian Prison Conditions) v. Secretary of State for the Home Department

Date of hearing: 13 July 2004; Date determination notified: 27 August 2004. If imprisoned in the Russian Federation, would the claimant face inhuman and degrading treatment in breach of ECHR, Article 3?

27 August 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Prison or detention conditions | Countries: Russian Federation - United Kingdom of Great Britain and Northern Ireland

TV (Ukraine - Prison conditions) Ukraine

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12 August 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Prison or detention conditions | Countries: Ukraine - United Kingdom of Great Britain and Northern Ireland

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