Case Law

The determination of the First-tier Tribunal to dismiss the claimant’s appeal against the refusal of her asylum claim was reached by a process which was procedurally unfair as it did not give her sufficient opportunity to obtain evidence from Uganda to support her claim. The determination will be quashed and the defendant will be ordered to use his best endeavours to facilitate the return of the claimant to the United Kingdom to enable her to continue with her appeal. The claimant was lawfully detained from 21 July 2013 to 6 August 2013 and from 10 September 2013 until her removal to Uganda on 12 December 2013. The claimant was unlawfully detained from (and including) 6 August 2013 up to 10 September 2013.

24 June 2019 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Rule of law / Due process / Procedural fairness | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

9 February 2017 | Judicial Body: Kenya: High Court | Topic(s): Group / Prima facie determination - Refugee / Asylum law - Refugee camps - Refugees | Countries: Burundi - Congo, Democratic Republic of the - Eritrea - Ethiopia - Kenya - Rwanda - Somalia - South Sudan - Uganda

21 October 2015 | Judicial Body: Uganda: Court of Appeal/Constitutional Court | Topic(s): Citizenship / Nationality law - Constitutional law - Naturalization - Refugees | Countries: Uganda

8 July 2015 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Credibility assessment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Afghanistan - Gambia - Netherlands - Uganda

2 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Credibility assessment - EU Qualification Directive - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Afghanistan - Gambia - Netherlands - Uganda

10 October 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Citizenship / Nationality law - Criminal justice - Terrorism | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

15 April 2014 | Judicial Body: Austria: Federal Administrative Court (Bundesverwaltungsgericht) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Austria - Nigeria - Uganda

7 November 2013 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Gender-based persecution - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Prosecution vs persecution - Social group persecution | Countries: Netherlands - Senegal - Sierra Leone - Uganda