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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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SD (military service – sexual identity) Turkey CG v. Secretary for the Home Department

5 December 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Armed forces / Military - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution on the basis of sexual orientation or gender identity - Regional instruments | Countries: Turkey - United Kingdom of Great Britain and Northern Ireland

ZQ (Serving Soldier) Iraq v. Secretary of State for the Home Department

Heard at Birmingham, 10 June 2008 and Field House, 23 January 2009. NH (Iraq-Yazidis) Iraq CG [2004] UKIAT 00306 is no longer to be followed.

2 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Combatants / Former combatants - Country of origin information (COI) - International humanitarian law (IHL) / Geneva Conventions - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Right to life - Security situation - War crimes - Yazīdī | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

BA (Eritrea) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal (

24 November 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Armed forces / Military - Credibility assessment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

R (on the application of AK, CK and WA) v. Secretary of State for Foreign and Commonwealth Affairs; Secretary of State for Defence

Applications for permission to apply for judicial review.

10 September 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Armed forces / Military - Asylum policy - Exceptional leave to remain (ELR) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

R (on the application of Al Amri) v. Secretary of State for the Home Department

Application for judicial review.

15 July 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Armed forces / Military - Civil war - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Transitional justice (including amnesty laws) | Countries: United Kingdom of Great Britain and Northern Ireland - Yemen

BE (Iran) 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.

20 May 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Armed forces / Military - Crimes against humanity - International humanitarian law (IHL) / Geneva Conventions - International protection - Landmines, unexploded ordnance (UXO) and improvised explosive devices (IEDs) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Treaties / Agreements / Charters / Protocols / Conventions / Declarations - War crimes | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

MM (Libya) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal.

5 February 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Armed forces / Military - Country of origin information (COI) - Credibility assessment - Persecution based on political opinion | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

R (on the application of Al-Jedda) (FC) v. Secretary of State for Defence

On appeal from the Court of Appeal: [2006] EWCA Civ 327.

12 December 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Armed forces / Military - Human rights and fundamental freedoms - Regional instruments - Right to liberty and security - Terrorism | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

RQ (Afghan National Army - Hizb-i-Islami - Risk) Afghanistan v. Secretary of State for the Home Department

Heard at Field House, on 5 June 2007.

20 August 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Armed forces / Military - 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) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - State protection | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

MH (Iraq) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal [AIT No: HX/0911/2004].

5 July 2007 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Armed forces / Military - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

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