Adjudication of asylum claims (refugee status determination / asylum procedures) / Social group persecution

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) | Document type: Case Law | 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

15 October 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Blood feuds - Social group persecution | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

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.

18 March 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Effective protection - Illegitimate children - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Mental health - Non-state agents of persecution - Prostitution / Commercial sex work - Reintegration - Social group persecution - State protection - Trafficking in persons - Women-at-risk | Countries: Albania - United Kingdom of Great Britain and Northern Ireland