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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

GS (Article 15(c): Indiscriminate Violence) Afghanistan v. Secretary of State for the Home Department

Heard at Procession House on 22 and 23 July 2009. The determination supersedes the country guidance in GS (Existence of Internal Armed Conflict) Afghanistan CG [2009] UKAIT 00010.

19 October 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) - Rejected asylum-seekers - Security situation | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

MA (Illegal Entrance - Not Para 395C) Bangladesh v. Secretary of State for the Home Department

Heard at Procession House on 7 August 2009.

14 September 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Deportation / Forcible return - Illegal entry - Rejected asylum-seekers - Visas | Countries: Bangladesh - United Kingdom of Great Britain and Northern Ireland

ZC & Others (Risk - Illegal Exit - Loan Sharks) China v. Secretary of State for the Home Department

Heard at Field House on 27 February 2009. The guidance in LJ (Prison Conditions – No Risk) China [2005] UKIAT 00099 and HL (Risk - Return - Snakeheads) China CG [2002] UKIAT 03683 is still applicable.

20 July 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Prosecution vs persecution - Rejected asylum-seekers - Unlawful departure | Countries: China - 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

IY (Ankara Agreement - Fraud and Abuse) Turkey v. Entry Clearance Officer, Ankara

Heard at Taylor House on 7 October 2008.

28 October 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Rejected asylum-seekers - Residence permits / Residency - Treaties / Agreements / Charters / Protocols / Conventions / Declarations - Work permits | Countries: Turkey - United Kingdom of Great Britain and Northern Ireland

BK (Failed Asylum Seekers) Democratic Republic of Congo v. Secretary of State for the Home Department

Heard at Field House on 3-5 July, and 17-25 September 2007.

18 December 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Rejected asylum-seekers - SGBV - Witnesses | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

HS (Returning Asylum Seekers) Zimbabwe v. Secretary of State for the Home Department

Heard at Field House on 23 – 26 July 2007. This determination has been partially superseded by RN (Returnees) Zimbabwe v. Secretary of State for the Home Department CG [2008] UKAIT 00083.

29 November 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

PM and Others (Kabul - Hizb-i-Islami) Afghanistan v. Secretary of State for the Home Department

12 November 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) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Pashtun - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Tajik | Countries: Afghanistan - 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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