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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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MB (Rule 30 Procedure Rules) DRC v. Secretary of State for the Home Department

Heard at Field House on 10 September 2008.

13 October 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Appeal / Right to appeal - Deportation / Forcible return - Public health - Right to family life | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

NA (Risk Categories - Hema) Democratic Republic of Congo v. Secretary of State for the Home Department

Heard at Field House on 30 June 2008. The country guidance in AB and DM (Risk Categories Reviewed – Tutsis Added) DRC CG [2005] UKAIT 00118 is confirmed subject to adding that members of the Hema tribe are likely to be treated by the authorities in the DRC in the same way as Tutsis and Rwandans and may be at risk of persecution on return to the Ituri region.

29 September 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Hema - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Racial / Ethnic persecution - Rwandans - Tutsis | Countries: Congo, Democratic Republic of the - 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

MM (UDPS Members - Risk on Return) Democratic Republic of Congo v. Secretary of State for the Home Department

13 March 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Burden of proof - Credibility assessment - Persecution based on political opinion | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

MK (AB & DM Confirmed) Democratic Republic of Congo v. Secretary of State for the Home Department

24 January 2006 | 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 | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

AB and DM (Risk Categories Reviewed - Tutsis Added) DRC v. Secretary of State for the Home Department

This guidance was confirmed in NA (Risk Categories - Hema) Democratic Republic of Congo CG [2008] UKAIT 00071.

21 July 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Involuntary repatriation - Persecution based on political opinion - Racial / Ethnic persecution - Tutsis | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

Secretary of State for the Home Department v. KK (Recognition Elsewhere as Refugee) Democratic Republic of Congo

Date: 15 February 2005; Date Determination notified: 25 February 2005. Asylum seeker - recognized as a refugee in another country

25 February 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

MM (DRC - Plausibility) Democratic Republic of Congo v. Secretary of State for the Home Department

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.

27 January 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Credibility assessment | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

TC (Mixed Ethnicity - Rwandan) Democratic Republic of Congo

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20 August 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

EM (Tutsi - Common Threshold of Risk) DRC

Date heard: 23 February 2004; Date notified: 18 March 2004.

18 March 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Tutsis | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

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