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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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RT (Medical Reports - Causation of Scarring) Sri Lanka 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.

7 February 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Tamil | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

HS (Returning Asylum Seekers) Zimbabwe v. Secretary of State for the Home Department

Heard at Field House on 23 – 26 July 2007. This determination has been partially superseded by RN (Returnees) Zimbabwe v. Secretary of State for the Home Department CG [2008] UKAIT 00083.

29 November 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

LP (LTTE Area - Tamils - Colombo - Risk?) Sri Lanka v. Secretary of State for the Home Department

This determination replaces the following Country Guidance cases:
- YP (Maintenance - Detention Records) Sri Lanka CG [2003] UKIAT 00145;
- JP (Maintenance – Detention Records) Sri Lanka CG [2003] UKIAT 00142;
- SV (Passport Renewal) Sri Lanka CG [2003] UKIAT 00125;
- VK (Risk - Release - Escapes - LTTE) Sri Lanka CG [2003] UKIAT 00096;
- TK (Ceasefire - Negotiations) Sri Lanka CG [2003] UKIAT 00026;
- VS (Risk - LTTE - Escape) Sri Lanka CG [2003] UKIAT 00003;
- AE FE (PTSD - Internal Relocation) Sri Lanka CG [2002] UKIAT 05237;
- DA (Risk - Return - Reporting Restrictions) Sri Lanka CG [2002] UKIAT 04729;
- IS (Risk - Conviction - Fine Paid - Release) Sri Lanka CG [2002] UKIAT 04230;
- TJ (Risk - Returns) Sri Lanka CG [2002] UKIAT 01869;
- CB (Detailed Appraisal) Sri Lanka CG [2002] UKIAT 01547; and
- PT (Medical Report - Analysis) Sri Lanka CG [2002] UKIAT 01336.
The risk categories were subsequently confirmed by the Asylum and Immigration Tribunal in TK (Tamils - LP Updated) Sri Lanka CG [2009] UKAIT 00049.

6 August 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Passports - Persecution based on political opinion - Pre-trial detention - Rejected asylum-seekers - Tamil - Travel documents - Unlawful departure | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

MB (OLF and MTA - Risk) Ethiopia v. Secretary of State for the Home Department

29 March 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Agents of persecution - Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

AB (Protection - Criminal Gangs - Internal Relocation) Jamaica v. Secretary of State for the Home Department

22 February 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Domestic violence - Effective protection - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Social group persecution - State protection | Countries: Jamaica - United Kingdom of Great Britain and Northern Ireland

MA (Palestinian Arabs - Occupied Territories - Risk) Palestinian Territories v. Secretary of State for the Home Department

20 February 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arabs - Country of origin information (COI) - Credibility assessment - Deportation / Forcible return - EU Qualification Directive - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Non-state agents of persecution - Persecution based on political opinion - Racial / Ethnic persecution - Social group persecution | Countries: Palestine, State of - 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

WA (Draft Related Risks Updated - Muslim Women) Eritrea v. Secretary of State for the Home Department

30 October 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Muslim - Persecution based on political opinion - Women-at-risk | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

PS (Prison Conditions; Military Service) Ukraine v. Secretary of State for the Home Department

This determination supersedes TV (Ukraine - Prison conditions) Ukraine [2004] UKIAT 00222.

22 February 2006 | 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 - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prison or detention conditions | Countries: Ukraine - United Kingdom of Great Britain and Northern Ireland

MK (AB & DM Confirmed) Democratic Republic of Congo v. Secretary of State for the Home Department

24 January 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

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