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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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SB (Risk on Return - Illegal Exit) Iran v. Secretary of State for the Home Department

This case replaces AD (Risk - Illegal Departure) Iran CG [2003] UKIAT 00107. The conclusions of the Tribunal were endorsed by the Upper Tribunal in the country guidance case of BA (Demonstrators in Britain – risk on return) Iran CG [2011] UKUT 36 (IAC).

16 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Elections - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion - Prison or detention conditions - Prosecution vs persecution - Returnees - Unlawful departure | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

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

ZQ (Serving Soldier) Iraq v. Secretary of State for the Home Department

Heard at Birmingham, 10 June 2008 and Field House, 23 January 2009. NH (Iraq-Yazidis) Iraq CG [2004] UKIAT 00306 is no longer to be followed.

2 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Combatants / Former combatants - Country of origin information (COI) - International humanitarian law (IHL) / Geneva Conventions - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Right to life - Security situation - War crimes - Yazīdī | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

AF (Terrorist Suspects - HS (Algeria) confirmed) Algeria v. Secretary of State for the Home Department

Heard at Field House on 5 February 2009 and 12 February 2009. The determination confirms the guidance in HS (Terrorist Suspect - Risk) Algeria v. Secretary of State for the Home Department CG [2008] UKAIT 00048.

22 June 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Diplomatic assurances - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Terrorism | Countries: Tunisia - 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

SA and IA (Undocumented Kurds) Syria v. Secretary of State for the Home Department

Heard at Bradford on 10-11 November 2008.

2 February 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 - Human rights activists - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd - Persecution based on political opinion - Rejected asylum-seekers - Statelessness - Unlawful departure | Countries: Syrian Arab Republic - United Kingdom of Great Britain and Northern Ireland

OY (Chechen Muslim Women) Russia v. Secretary of State for the Home Department

Heard at Field House on 2 October 2008.

22 December 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Chechen - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Muslim - Persecution based on political opinion - Women-at-risk | Countries: Russian Federation - United Kingdom of Great Britain and Northern Ireland

RN (Returnees) Zimbabwe v. Secretary of State for the Home Department

Heard at Field House on 1, 2 and 5 September, and 1 and 30 October 2008. This determination partially supersedes HS (Returning Asylum Seekers) Zimbabwe v. Secretary of State for the Home Department CG [2007] UKAIT 00094. Subsequently replaced by EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC). 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.

19 November 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Complementary forms of protection - Country of origin information (COI) - Persecution based on political opinion - Political parties - Political situation - Returnees | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

LM (Risks on Return) Republic of Congo (Congo-Brazzaville) v. Secretary of State for the Home Department

Heard at Field House, on 4 August 2008.

1 September 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Persecution based on political opinion - Sur place persecution | Countries: Congo, Republic of the - United Kingdom of Great Britain and Northern Ireland

PD (Grounds - Implied Variation - Section 86(3)) Sri Lanka v. Secretary of State for the Home Department

Heard at Field House on 28 May 2008.

23 July 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Appeal / Right to appeal - Asylum policy - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Persecution based on political opinion - Police - Post-traumatic stress disorder (PTSD) | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

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