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Burden / standard of proof / Burden of proof

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Al – Sirri (Asylum – Exclusion – Article 1F(c))

13 October 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses | Countries: United Kingdom of Great Britain and Northern Ireland

AB (Article 1F(a) – defence - duress) Iran

8 September 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Burden of proof - Crimes against humanity - Exclusion clauses | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

United Kingdom: Applications for leave to remain as a stateless person

1 May 2013 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Secretary of State for the Home Department v. Mugwagwa (s.72 - applying statutory presumptions) Zimbabwe

Heard at North Shields on 6 May 2011.

20 July 2011 | Judicial Body: United Kingdom: Supreme Court | Document type: Case Law | Topic(s): Burden of proof - Drug trafficking - Exclusion clauses - National security / Public order - Non-refoulement - Rule of law / Due process / Procedural fairness | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

"No Questions Asked," Intelligence Cooperation with Countries that Torture

28 June 2010 | Publisher: Human Rights Watch | Document type: Country Reports

HH (Somalia) and Others v. Secretary of State for the Home Department

The judgment was subsequently appealed before the Supreme Court: [2010] UKSC 49.

23 April 2010 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Burden of proof - Complementary forms of protection - Deportation / Forcible return - EU Qualification Directive - Illegal entry - Non-refoulement - Security situation | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

IH (S.72; 'Particularly Serious Crime') Eritrea v. Secretary of State for the Home Department

Heard at Field House on 12 February, 3 and 9 September 2008.

9 March 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Criminal justice - Deportation / Forcible return - Exclusion clauses - National security / Public order - Refoulement - Serious non-political crime | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

ZT (Kosovo) (Respondent) v. Secretary of State for the Home Department (Appellant)

On appeal from the Court of Appeal (England and Wales): [2008] EWCA Civ 14.

4 February 2009 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Document type: Case Law | Topic(s): Appeal / Right to appeal - Ashkaelian - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Manifestly unfounded / Clearly abusive claims - Racial / Ethnic persecution - Roma | Countries: Serbia - United Kingdom of Great Britain and Northern Ireland

SA (Article 8 - Burden of Proof) Algeria v. Secretary of State for the Home Department

Heard at Field House on 16 May 2008.

18 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Burden of proof - Deportation / Forcible return - Right to family life | Countries: Algeria - 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 | Document type: Case Law | 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

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