Last Updated: Tuesday, 11 December 2018, 09:02 GMT

Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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ES (s82 NIA 2002; negative NRM) Albania [2018] UKUT 00335 (IAC)

1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 ('the 2002 Act'), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite the decisions of the Court of Appeal in AS (Afghanistan) v SSHD [2013] EWCA Civ 1469 and SSHD v MS (Pakistan) [2018] EWCA Civ 594. 2. The correct approach to determining whether a person claiming to be a victim of trafficking is entitled to asylum is to consider all the evidence in the round as at the date of hearing, applying the lower standard of proof. 3. Since 20 October 2014, there is also no right of appeal on the basis that a decision is not in accordance with the law and the grounds of appeal are limited to those set out in the amended s 82 of the 2002 Act.

29 October 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Social group persecution - Standard of proof - Trafficking in persons | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

The Queen (on the application of MS) (a child by his litigation friend MAS) v Secretary of State for the Home Department

whether MAS, who is lawfully present in the UK, is the brother of MS, an unaccompanied minor who has made an asylum application in France; whether the UK has a duty of investigation once it receives a take charge request and the scope of any such duty

19 July 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Family reunification | Countries: Afghanistan - France - United Kingdom of Great Britain and Northern Ireland

AAH (Iraqi Kurds – internal relocation) Iraq CG UKUT 00212 (IAC)

country guidance on availability of ‘internal flight’ in the IKR for individuals of Kurdish origin - supplementing Section C and replacing Section E of AA (Iraq) v Secretary of State for the Home Department [2017] Imm AR 1440; [2017] EWCA Civ 944

26 June 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

AS (Safety of Kabul) Afghanistan CG [2018] UKUT 00118 (IAC)

“Whether the current situation in Kabul is such that the guidance given in AK (Afghanistan) [2012] UKUT 00163 (IAC) needs revision in the context of consideration of internal relocation.”

16 April 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

OO (Burma -TS remains appropriate CG) Burma [2018] UKUT 00052 (IAC)

1. Whether there has been a change of conditions in Burma to justify a departure from the country guidance in TS. 2. Second, whether this appellant is reasonably likely to be at prospective risk in Burma, given his particular political profile and likely political activities in Burma, in light of TS and / or the updated country conditions. 3. Third, and in the alternative, whether the appellant would be unable to renew his passport or obtain a certificate of identity (‘CoI’) from the Burmese Embassy, with the result that he would be detained on return to Burma.

9 January 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Changes of circumstances in home country - Evidence (including age and language assessments / medico-legal reports) | Countries: Myanmar - United Kingdom of Great Britain and Northern Ireland

KB & AH (credibility-structured approach) Pakistan [2017] UKUT 00491 (IAC)

The ‘Credibility Indicators’ identified in the Home Office Asylum Policy Instruction, Assessing credibility and refugee status Version 3.0, 6 January 2015 provide a helpful framework within which to conduct a credibility assessment. However, any reference to a structured approach in relation to the subject matter of credibility assessment must carry a number of important (interrelated) caveats [...] Consideration of credibility in light of such indicators, if approached subject to the [..] caveats, is a valid and useful exercise, based squarely on existing learning.

13 December 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): Ahmadis - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

R (on the application of AS (by his litigation friend Francesco Jeff) v Kent County Council (age assessment; dental evidence)

11 September 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Benefit of the doubt - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Refugee status determination (RSD) / Asylum procedures - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

AA (Iraq) v Secretary of State for the Home Department

11 July 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Credibility assessment - Freedom from torture, inhuman and degrading treatment - Refugee identity documents - Travel documents | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

ZMM (Article 15(c) (CG)

i) Is the Appellant at risk under Article 15(c) if returned to Libya? ii) If Article 15(c) does apply, can the Appellant relocate to, and reasonably be expected to stay in, another part of the country in which he would not face such a risk? (humanitarian protection) Replaces AT & others (Article 15(c); risk categories) Libya CG [2014] UKUT 00318 (IAC) in respect of the assessment of the art 15(c) risk

29 June 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Generalized violence - Internal armed conflict | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

Chin and Another (former BOC/Malaysian national – deportation)

8 May 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Deportation / Forcible return - Immigration law | Countries: Malaysia - United Kingdom of Great Britain and Northern Ireland

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