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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

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

HC & RC (Trafficked Women) China v. Secretary of State for the Home Department

Heard at Field House on 11 November 2008.

18 July 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Effective protection - Forced labour - Prostitution / Commercial sex work - SGBV - Sexual and reproductive rights - Social group persecution - State protection - Trafficking in persons - Unlawful departure - Women's rights - Women-at-risk | Countries: China - 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

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

MA (Draft Evaders - Illegal Departures - Risk) Eritrea v. Secretary of State for the Home Department

26 June 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Unlawful departure | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

SP and Others (Tibetan - Nepalese Departure - Illegal - Risk) People's Republic of China v. Secretary of State for the Home Department

9 February 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Involuntary repatriation - Persecution based on political opinion - Tibetan - Unlawful departure | Countries: China - United Kingdom of Great Britain and Northern Ireland

HM (Risk Factors for Burmese Citizens) Burma v. Secretary of State for the Home Derpartment

23 January 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Freedom from torture, inhuman and degrading treatment - Passports - Persecution based on political opinion - Prison or detention conditions - Unlawful departure | Countries: Myanmar - United Kingdom of Great Britain and Northern Ireland

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