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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

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

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

SZ and JM (Christians - FS Confirmed) Iran v. Secretary of State for the Home Department

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

MB (OLF and MTA - Risk) Ethiopia v. Secretary of State for the Home Department

29 March 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Agents of persecution - Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

HS (Homosexuals: Minors, Risk on Return) Iran v. Secretary of State for the Home Department

Heard at Taylor House on 19 May 2005 and 22 July 2005.

4 August 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Post-traumatic stress disorder (PTSD) - Social group persecution - Unlawful departure | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

HB (Ethiopia EDP/UEDP Members) Ethiopia v. Secretary of State for the Home Department

25 August 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

MK (Risk - Political Opinion) Kyrgyzstan v. Secretary of State for the Home Department

6 April 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Credibility assessment - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion | Countries: Kyrgyzstan - United Kingdom of Great Britain and Northern Ireland

DA (Ethnicity - Eritrean - Country Conditions) Ethiopia v. Secretary of State for the Home Department

This Country Guidance was superseded/replaced by ST (Ethnic Eritrean – nationality – return) Ethiopia CG [2011] UKUT 00252 (IAC) (30 June 2011).

16 March 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Credibility assessment - Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

YF (Homosexuality - Not Legal but No Real Risk) Eritrea v. Secretary of State for the Home Department

4 December 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution on the basis of sexual orientation or gender identity | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

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