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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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PD (Grounds - Implied Variation - Section 86(3)) Sri Lanka v. Secretary of State for the Home Department

Heard at Field House on 28 May 2008.

23 July 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Appeal / Right to appeal - Asylum policy - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Persecution based on political opinion - Police - Post-traumatic stress disorder (PTSD) | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

R (on the application of Ngirincuti) v. Secretary of State for the Home Department

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.

15 July 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Asylum-seekers - Evidence (including age and language assessments / medico-legal reports) - Expedited procedures - HIV and AIDS - Immigration Detention - Post-traumatic stress disorder (PTSD) - Sexual and gender-based violence (SGBV) | Countries: Burundi - United Kingdom of Great Britain and Northern Ireland

R (on the application of Haidary) v. Secretary of State for the Home Department

Application for judicial review. Subsequently appealed before the Court of Appeal: KH (Afghanistan) v. Secretary of State for the Home Department [2009] EWCA Civ 1354.

3 July 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Complementary forms of protection - Evidence (including age and language assessments / medico-legal reports) - Mental health - Post-traumatic stress disorder (PTSD) - Rejected asylum-seekers - Right to family life | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

R (on the application of Mahamed) v. Secretary of State for the Home Department

Application for judicial review. The Court of Appeal (England and Wales) allowed a subsequent appeal: R (on the application of AM (Somalia)) v. Secretary of State for the Home Department [2009] EWCA Civ 114.

13 June 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Manifestly unfounded / Clearly abusive claims - Post-traumatic stress disorder (PTSD) - Safe third country | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

MN (Rwanda) v. Secretary of State for the Home Department

Hearing date: 10 October 2007. On appeal from the Asylum and Immigration Tribunal (HX/19216/2004).

30 October 2007 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Post-traumatic stress disorder (PTSD) - Sexual and gender-based violence (SGBV) - Tutsis | Countries: Rwanda - United Kingdom of Great Britain and Northern Ireland

R (on the Application of MMH) v. Secretary of State for the Home Department; R (on the Application of SRH) v. Secretary of State for the Home Department

Application for judicial review of the Secretary of State's decision to order detention pending removal.

7 September 2007 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Asylum-seekers - Criminal justice - Deportation / Forcible return - Immigration Detention - Post-traumatic stress disorder (PTSD) - Voluntary repatriation | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Barvi v. Secretary of State for the Home Department

13 March 2007 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Arbitrary arrest and detention - Credibility assessment - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Persecution of family members - Post-traumatic stress disorder (PTSD) | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

LE (Democratic Republic of Congo) v. Secretary of State for the Home Department

On appeal from the Asylum & Immigration Tribunal [AIT No. AS/04696/2004].

13 February 2007 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Arbitrary arrest and detention - Credibility assessment - Disappeared persons - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) - Sexual and gender-based violence (SGBV) | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

JY (Effect of Following AE) Sudan v. Secretary of State for the Home Department

29 November 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

HS (Homosexuals: Minors, Risk on Return) Iran v. Secretary of State for the Home Department

Heard at Taylor House on 19 May 2005 and 22 July 2005.

4 August 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Post-traumatic stress disorder (PTSD) - Social group persecution - Unlawful departure | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

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