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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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ZC & Others (Risk - Illegal Exit - Loan Sharks) China v. Secretary of State for the Home Department

Heard at Field House on 27 February 2009. The guidance in LJ (Prison Conditions – No Risk) China [2005] UKIAT 00099 and HL (Risk - Return - Snakeheads) China CG [2002] UKIAT 03683 is still applicable.

20 July 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Prosecution vs persecution - Rejected asylum-seekers - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

HC & RC (Trafficked Women) China v. Secretary of State for the Home Department

Heard at Field House on 11 November 2008.

18 July 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Effective protection - Forced labour - Prostitution / Commercial sex work - Sexual and gender-based violence (SGBV) - Sexual and reproductive rights - Social group persecution - State protection - Trafficking in persons - Unlawful departure - Women's rights - Women-at-risk | Countries: China - 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

SP and Others (Tibetan - Nepalese Departure - Illegal - Risk) People's Republic of China v. Secretary of State for the Home Department

9 February 2007 | 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 - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Involuntary repatriation - Persecution based on political opinion - Tibetan - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

LL (Falun Gong - Convention Reason - Risk) China v. Secretary of State for the Home Department

9 August 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Falun Gong - Persecution based on political opinion | Countries: China - United Kingdom of Great Britain and Northern Ireland

WC (No Risk of Double Punishment) China v. Secretary of State for the Home Department

Heard on 24 February 2004. This decision is no longer factually accurate on the issue of double jeopardy: JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department CG [2008] UKAIT 00036.

15 September 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Criminal justice - Death penalty - Deportation / Forcible return - Persecution based on political opinion - Prosecution vs persecution - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

TT (Risk - Return - Snakeheads) China v. Secretary of State for the Home Department

22 October 2002 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Acts of persecution - Country of origin information (COI) - Rejected asylum-seekers - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

MH (Risk - Return - Falun Gong) China v. Secretary of State for the Home Department

3 September 2002 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Credibility assessment - Falun Gong - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers - Religious persecution (including forced conversion) | Countries: China - United Kingdom of Great Britain and Northern Ireland

HL (Risk - Return - Snakeheads) China v. Secretary of State for the Home Department

13 August 2002 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Contemporary forms of slavery - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers | Countries: China - United Kingdom of Great Britain and Northern Ireland

WC (Illegal Departure - Failed Asylum Seeker) China v. Secretary of State for the Home Department

29 July 2002 | 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 - Involuntary repatriation | Countries: China - United Kingdom of Great Britain and Northern Ireland

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