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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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HS (Palestinian - return to Gaza) Palestinian Territories v. Secretary of State for the Home Department

Heard at Procession House on 15 and 16 December 2009, and at Field House on 22 and 23 February 2010. Closing submissions received on 10 June 2010.

11 April 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Deportation / Forcible return - International criminal law - International humanitarian law (IHL) / Geneva Conventions - Jurisdiction - Palestinian - Passports - Persecution based on nationality - Statelessness - Statelessness - Well-founded fear of persecution | Countries: Palestine, State of - United Kingdom of Great Britain and Northern Ireland

TL and Others (Sur Place Activities - Risk) Burma v. Secretary of State for the Home Department

Heard at Field House on 29 and 30 October 2008. The country guidance given by the Tribunal in HM (Risk Factors for Burmese Citizens) Burma CG [2006] UKAIT 00012 remains valid.

27 April 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Passports - Persecution based on political opinion - Sur place persecution - Travel documents - Unlawful departure | Countries: Myanmar - United Kingdom of Great Britain and Northern Ireland

R v. Mundirwa and Another

5 March 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Asylum-seekers - Criminal justice - False documents - Passports | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

FA (Eritrea) v. Secretary of State for the Home Department

Application for permission to appeal from the Asylum and Immigration Tribunal (AIT No: AS/00266/2007).

27 January 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Credibility assessment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Passports - Persecution based on political opinion - Unlawful departure - Visas | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

KD (Bedoon - Destroyed Documents) Kuwait v. Secretary of State for the Home Department

Heard at Field House on 14 October 2008.

31 October 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Bedoon - Discrimination based on race, nationality, ethnicity - Passports - Travel documents | Countries: Kuwait - United Kingdom of Great Britain and Northern Ireland

R v. Asfaw

On appeal from the Court of Appeal (Criminal Division): R v. Asfaw [2006] EWCA Crim 707. Heard on 18, 19 and 20 February 2008.

21 May 2008 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Asylum-seekers - Criminal justice - False documents - Illegal entry - Passports - Prosecution vs persecution - Refugees - Transit | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

DM v. Secretary of State for the Home Department

30 January 2008 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Credibility assessment - Passports - Persecution based on political opinion - Proof of nationality | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

SA (Syria); IA (Syria) v. Secretary of State for the Home Deparment

On appeal from the Asylum and Immigration Tribunal (AA/03321/2005; AS/13449/2004).

13 November 2007 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Kurd - Passports - Persecution based on political opinion - Rejected asylum-seekers - Unlawful departure | Countries: Syrian Arab Republic - United Kingdom of Great Britain and Northern Ireland

R v. Farida Said Mohammed; R v. Abdullah Mohamed Osman

Hearing date: 11 July 2007. On appeal from the Crown Court at Croydon.

16 October 2007 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Asylum-seekers - Illegal entry - Passports - Prosecution vs persecution | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

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

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