Case Law

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

This judgment will become final in the circumstances set out in Article 44 § 2 of the ECHR. It may be subject to editorial revision.

8 April 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Burden of proof - Country of origin information (COI) - Deportation / Forcible return - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Persecution of family members - Right to family life | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

On appeal from the Federal Court: 2007 FC 320.

12 March 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Burden of proof - Domestic violence - Evidence (including age and language assessments / medico-legal reports) - Standard of proof - State protection | Countries: Canada - Mexico

On appeal from the Federal Court: 2007 CF 320.

12 March 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Burden of proof - Domestic violence - Evidence (including age and language assessments / medico-legal reports) - Standard of proof - State protection | Countries: Canada - Mexico

Heard at Manchester on 6 November 2007.

28 January 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Burden of proof - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Pentecostal - Religious persecution (including forced conversion) - Safe third country - Standard of proof | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

On Petition for Review of an Order by the Board of Immigration Appeals.

27 November 2007 | Judicial Body: United States Court of Appeals for the First Circuit | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Burden of proof - Convention against Torture (CAT) - Credibility assessment - Deportation / Forcible return - Gio - Racial / Ethnic persecution | Countries: Liberia - United States of America

Petition for Review of an Order of the Board of Immigration Appeals.

2 November 2007 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Topic(s): Burden of proof - Convention against Torture (CAT) - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - HIV and AIDS - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Mexico - United States of America

On Petition for review of an Order by the Board of Immigration Appeals.

1 November 2007 | Judicial Body: United States Court of Appeals for the First Circuit | Topic(s): Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Religious discrimination - Religious persecution (including forced conversion) - Sunni | Countries: Pakistan - United States of America

On appeal from the Asylum and Immigration Tribunal (No: HX/07105/2003).

31 October 2007 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Burden of proof - Derivative status - Right to family life | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland