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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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TK (Tamils - LP Updated) Sri Lanka v. Secretary of State for the Home Department

Heard at Procession House on 27 & 28 October 2009. The risk categories identified in LP (LTTE area - Tamils - Colombo - Risk?) Sri Lanka CG [2007] UKAIT 00076 and approved by the European Court of Human Rights in NA v. United Kingdom, App. no. 25904/07, remain valid.

11 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Combatants / Former combatants - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Right to family life - Single heads of household - Tamil - Unlawful departure | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

MI (Hazara - Ismaili - Associate of Nadiri Family) Afghanistan v. Secretary of State for the Home Department

Heard at Field House on 18 December 2008.

28 August 2009 | 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) - Hazara - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Ismaili - Non-state agents of persecution - Racial / Ethnic persecution - Religious persecution (including forced conversion) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

HA (Conduct of Hearing: Evidence required) Somalia v. Secretary of State for the Home Department

Heard at Field House on 5 March 2009.

9 May 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Appeal / Right to appeal - Ashraf - Evidence (including age and language assessments / medico-legal reports) - Racial / Ethnic persecution | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

SI (Mixed Serb/Roma Parentage) Kosovo v. Secretary of State for the Home Department

Heard at Field House on 9 October 2008.

16 March 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Discrimination based on race, nationality, ethnicity - Effective protection - Racial / Ethnic persecution - Roma - Serb - State protection | Countries: Serbia - United Kingdom of Great Britain and Northern Ireland

AM & AM (Armed Conflict: Risk Categories) Somalia 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.

27 January 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Complementary forms of protection - Country of origin information (COI) - EU Qualification Directive - Internal armed conflict - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Internally displaced persons (IDPs) - Racial / Ethnic persecution - Returnees - Sheikhal | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

FS (Treatment of Expert Evidence) Somalia v. Secretary of State for the Home Department

Heard at Field House on 20 November 2008.

12 January 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Ashraf - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Racial / Ethnic persecution | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

NA (Risk Categories - Hema) Democratic Republic of Congo v. Secretary of State for the Home Department

Heard at Field House on 30 June 2008. The country guidance in AB and DM (Risk Categories Reviewed – Tutsis Added) DRC CG [2005] UKAIT 00118 is confirmed subject to adding that members of the Hema tribe are likely to be treated by the authorities in the DRC in the same way as Tutsis and Rwandans and may be at risk of persecution on return to the Ituri region.

29 September 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Hema - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Racial / Ethnic persecution - Rwandans - Tutsis | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

AA (Language Diagnosis: Use of Interpreters) Somalia v. Secretary of State for the Home Department

9 April 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Benadiri - Evidence (including age and language assessments / medico-legal reports) - Racial / Ethnic persecution | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

KH (Article 15(c) Qualification Directive) Iraq v. Secretary of State for the Home Department

Heard at Field House on 28 January - 1 February 2008.

25 March 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arabs - Complementary forms of protection - Conflict situation - Country of origin information (COI) - EU Qualification Directive - Evidence (including age and language assessments / medico-legal reports) - Gender-based persecution - International humanitarian law (IHL) / Geneva Conventions - Kurd - Racial / Ethnic persecution | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

MM and FH (Stateless Palestinians - KK, IH, HE reaffirmed) Lebanon v. Secretary of State for the Home Department

Heard at Field House, on 29 June 2007.

25 February 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Discrimination based on race, nationality, ethnicity - Palestinian - Racial / Ethnic persecution - Refugee camps - Statelessness | Countries: Lebanon - United Kingdom of Great Britain and Northern Ireland

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