Case Law

The situation in Sudan remains volatile after civil protests started in late 2018 and the future is unpredictable. There is insufficient evidence currently available to show that the guidance given in AA (non-Arab Darfuris - relocation) Sudan CG [2009] UKAIT 00056 and MM (Darfuris) Sudan CG [2015] UKUT 00010 (IAC) requires revision. Those cases should still be followed.

29 July 2019 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Darfuri | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

Whether there is a sufficiency of protection from harm by the state for the appellant in his home area in Albania and if not whether there is protection available for him in Tirana or elsewhere. If it is, whether it is reasonably open to the appellant to relocate to Tirana (or elsewhere) in the light of his sexual orientation as a gay man.

26 March 2019 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law. 2. Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.

13 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Family reunification | Countries: Eritrea - Netherlands

“whether a failed asylum seeker of Kurdish ethnicity will be at risk of persecution on return”

14 December 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Kurd - Returnees | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

2 September 2018 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Religious discrimination | Countries: Italy - Pakistan

country guidance on availability of ‘internal flight’ in the IKR for individuals of Kurdish origin - supplementing Section C and replacing Section E of AA (Iraq) v Secretary of State for the Home Department [2017] Imm AR 1440; [2017] EWCA Civ 944

26 June 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

national authorities must reassess asylum decision in light of current and accurate information on Turkey since the failed coup d’état (from Elena weekly update 20 April 2018)

14 March 2018 | Judicial Body: Czech Republic: Supreme Administrative Court | Topic(s): Country of origin information (COI) - Coup d'état | Countries: Czech Republic - Turkey

i) Is the Appellant at risk under Article 15(c) if returned to Libya? ii) If Article 15(c) does apply, can the Appellant relocate to, and reasonably be expected to stay in, another part of the country in which he would not face such a risk? (humanitarian protection) Replaces AT & others (Article 15(c); risk categories) Libya CG [2014] UKUT 00318 (IAC) in respect of the assessment of the art 15(c) risk

29 June 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Generalized violence - Internal armed conflict | Countries: Libya - United Kingdom of Great Britain and Northern Ireland