Case Law

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

Heard at Field House on 21 August 2008.

30 September 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Family reunification - Residence permits / Residency | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 28 May 2008.

23 July 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Appeal / Right to appeal - Asylum policy - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Persecution based on political opinion - Police - Post-traumatic stress disorder (PTSD) | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

Heard at Field House, on 11-13 February 2008. This determination updates and supersedes PS (LTTE – internal flight – sufficiency of protection) Sri Lanka CG [2004] UKIAT 297. PR (medical facilities) Sri Lanka CG [2002] UKIAT 4269 is, owing to its antiquity, no longer to be treated as country guidance on the availability of medical treatment for returnees. The guidance in PS and LP (LTTE Area - Tamils - Colombo - Risk?) Sri Lanka CG [2007] UKAIT 00076, however, has been considered and approved by the European Court of Human Rights in NA v United Kingdom, handed down on 17th July 2008. See also R (on the application of SS (Sri Lanka)) v. Secretary of State for the Home Department [2009] EWHC 223 (Admin), which confirmed the approach to the current risk as stated in NA.

6 July 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Security forces - Security situation | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 15 January 2008.

21 February 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Credibility assessment - Residence permits / Residency - Right to family life | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

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.

7 February 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Tamil | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

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

This determination was updated and superseded by AN & SS (Tamils - Colombo - Risk?) Sri Lanka CG [2008] UKAIT 00063.

28 October 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Persecution based on political opinion - Racial / Ethnic persecution - Tamil | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

21 June 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Witnesses | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

Date of hearing: 18 May 2004.

4 June 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland