Case Law

Heard at Field House on 12 February, 3 and 9 September 2008.

9 March 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Burden of proof - Credibility assessment - Criminal justice - Deportation / Forcible return - Exclusion clauses - National security / Public order - Refoulement - Serious non-political crime | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

Heard at Glasgow (Eagle Building) on 7 May 2008. The guidance in SM and Others (Kurds - Protection - Relocation) Iraq CG [2005] UKIAT 00111 regarding relocation of a Kurd from the KRG to central or southern Iraq is confirmed.

15 December 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Blood feuds - Complementary forms of protection - Country of origin information (COI) - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Honour killings - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Conditions for Christians in Iran have not deteriorated sufficiently to necessitate a change in the guidance in FS and Others (Iran - Christian Converts) Iran CG [2004] UKIAT 00303 Iran. For some converts to sacrament-based churches the conditions may be such that they could not reasonably be expected to return and their cases must be considered on HJ (Homosexuality: Reasonably Tolerating Living Discreetly) Iran [2008] UKAIT 00044 grounds.
It remains to be seen whether the proposed inclusion of apostasy in the amended criminal code will make a material difference. The amendments to the code are part of a wholesale change in the criminal law and not solely aimed at converts. The proposals are still before Parliament.
'Proselytising' and 'evangelising' are not terms of art and distinctions should not be drawn between them.

12 November 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Catholic - Christian - Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Evangelical - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 10 June 2008. In view of the significant changes in Bangladesh politics in recent years, AA (Bihari - Camp) Bangladesh CG [2002] UKIAT 01995, H (Fair Trial) Bangladesh CG [2002] UKIAT 05410 and GA (Risk - Bihari) Bangladesh CG [2002] UKIAT 05810 are now removed from the list of AIT country guidance cases.

13 October 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Complementary forms of protection - Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Human rights activists - Political parties - Prison or detention conditions | Countries: Bangladesh - United Kingdom of Great Britain and Northern Ireland

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

11 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Conflict situation - Criminal justice - Deportation / Forcible return - Exceptional leave to remain (ELR) - Illegal entry - Security situation - Visas | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Heard at Field House, on 30 November 2007. The decision was subsequently appealed before the Court of Appeal (England and Wales): OO ( Sudan) and JM (Uganda) v. Secretary of State for the Home Department [2009] EWCA Civ 1432.

11 June 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Criminal justice - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Uganda - 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

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

This decision is no longer country guidance on the issue of double jeopardy and was replaced by JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department CG [2008] UKAIT 00036.

23 January 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Prosecution vs persecution | Countries: China - United Kingdom of Great Britain and Northern Ireland

8 October 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Prosecution vs persecution - Right to justice | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland