Case Law

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

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

Application for permission to appeal a decision by the Asylum and Immigration Tribunal (AIT No: AS/09402/2004).

13 May 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Persecution based on political opinion - Prosecution vs persecution - Right to family life | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

Application for permission to apply for judicial review.

13 May 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Kurd - Prosecution vs persecution - Voluntary repatriation | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

11 April 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Criminal justice - Extradition - Prosecution vs persecution - Right to family life - Right to justice - Roma | Countries: Poland - United Kingdom of Great Britain and Northern Ireland

On appeal from the Special Immigration Appeals Commission: Omar Othman (aka Abu Qatada) v. Secretary of State for the Home Department (SC/15/2005). The judgment was subsequently appealed before the House of Lords: RB (Algeria) (FC) and Another v. Secretary of State for the Home Department; OO (Jordan) v. Secretary of State for the Home Department [2009] UKHL 10.

9 April 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Extradition - Freedom from torture, inhuman and degrading treatment - Independence of judiciary - Prosecution vs persecution - Right to justice - Terrorism | Countries: Jordan - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 15 November and 19 December 2007. The Court of Appeal affirmed, subsequently, the "country guidance" status of the determination: Secretary of State for the Home Department v. IA (Pakistan) [2008] EWCA Civ 580.

4 April 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Ahmadis - Country of origin information (COI) - Criminal justice - Freedom of religion - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Prosecution vs persecution - Religious persecution (including forced conversion) | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

3 April 2008 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Persecution based on political opinion - Political parties - Prosecution vs persecution | Countries: Australia - Russian Federation

Demande de contrôle judiciaire.

26 March 2008 | Judicial Body: Canada: Federal Court | Topic(s): Death penalty - Deportation / Forcible return - Exclusion clauses - Prosecution vs persecution | Countries: Canada - United States of America

Application for judicial review.

26 March 2008 | Judicial Body: Canada: Federal Court | Topic(s): Death penalty - Deportation / Forcible return - Exclusion clauses - Prosecution vs persecution | Countries: Canada - United States of America