United Kingdom: Upper Tribunal (Immigration and Asylum Chamber)

1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 ('the 2002 Act'), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite the decisions of the Court of Appeal in AS (Afghanistan) v SSHD [2013] EWCA Civ 1469 and SSHD v MS (Pakistan) [2018] EWCA Civ 594. 2. The correct approach to determining whether a person claiming to be a victim of trafficking is entitled to asylum is to consider all the evidence in the round as at the date of hearing, applying the lower standard of proof. 3. Since 20 October 2014, there is also no right of appeal on the basis that a decision is not in accordance with the law and the grounds of appeal are limited to those set out in the amended s 82 of the 2002 Act.

29 October 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Social group persecution - Standard of proof - Trafficking in persons | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

15 October 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Blood feuds - Social group persecution | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 29th & 30th September 2010.

11 July 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Children's rights - Country of origin information (COI) - Domestic violence - Effective protection - Gender-based persecution - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Right to family life - Sexual and gender-based violence (SGBV) - Social group discrimination - Social group persecution - State protection - Women-at-risk | Countries: Bangladesh - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 7 December 2009 and 30 November 2010.

24 June 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Sexual and gender-based violence (SGBV) - Sexual and reproductive rights - Social group persecution | Countries: Jamaica - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 16 May 2011.

16 May 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) - Shia - Social group persecution - Sunni | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 15 July 2010.

21 October 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Complementary forms of protection - Country of origin information (COI) - Forced labour - Internal armed conflict - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Security situation - Social group persecution - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Heard at Procession House on 16 and 17 October, 24 November 2008; and 7 and 8 May, 9 June, 18 August 2009.

7 July 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Customary law - Domestic violence - Evidence (including age and language assessments / medico-legal reports) - Female genital mutilation (FGM) - Forced marriage - Gender discrimination - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Sexual and gender-based violence (SGBV) - Social group persecution - State protection - Women-at-risk | Countries: Côte d'Ivoire - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 21 and 22 April 2010

22 April 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Criminal justice - Domestic violence - Gender discrimination - Gender-based persecution - Honour killings - Non-state agents of persecution - Police - Prison or detention conditions - Refugee / Asylum law - Return conditions - Sexual and gender-based violence (SGBV) - Social group persecution | Countries: Pakistan - 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.

8 April 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Illegal entry - Prostitution / Commercial sex work - Social group persecution - Trafficking in persons - Women-at-risk | Countries: Thailand - 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.

18 March 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Effective protection - Illegitimate children - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Mental health - Non-state agents of persecution - Prostitution / Commercial sex work - Reintegration - Social group persecution - State protection - Trafficking in persons - Women-at-risk | Countries: Albania - United Kingdom of Great Britain and Northern Ireland