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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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SA and IA (Undocumented Kurds) Syria v. Secretary of State for the Home Department

Heard at Bradford on 10-11 November 2008.

2 February 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Discrimination based on race, nationality, ethnicity - Human rights activists - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd - Persecution based on political opinion - Rejected asylum-seekers - Statelessness - Unlawful departure | Countries: Syrian Arab Republic - United Kingdom of Great Britain and Northern Ireland

AM & AM (Armed Conflict: Risk Categories) Somalia 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.

27 January 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Complementary forms of protection - Country of origin information (COI) - EU Qualification Directive - Internal armed conflict - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Internally displaced persons (IDPs) - Racial / Ethnic persecution - Returnees - Sheikhal | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

FS (Treatment of Expert Evidence) Somalia v. Secretary of State for the Home Department

Heard at Field House on 20 November 2008.

12 January 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Ashraf - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Racial / Ethnic persecution | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

AJ (Risk to Homosexuals) Afghanistan v. Secretary of State for the Home Department

Heard at Field House on 28 October 2008.

5 January 2009 | 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) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Pashtun - Persecution on the basis of sexual orientation or gender identity - Prosecution vs persecution - Social group persecution | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

OY (Chechen Muslim Women) Russia v. Secretary of State for the Home Department

Heard at Field House on 2 October 2008.

22 December 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Chechen - 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) - Muslim - Persecution based on political opinion - Women-at-risk | Countries: Russian Federation - United Kingdom of Great Britain and Northern Ireland

SI (Expert Evidence - Kurd - SM Confirmed) Iraq v. Secretary of State for the Home Department

Heard at Glasgow (Eagle Building) on 7 May 2008. The guidance in SM and Others (Kurds - Protection - Relocation) Iraq CG [2005] UKIAT 00111 regarding relocation of a Kurd from the KRG to central or southern Iraq is confirmed.

15 December 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Blood feuds - Complementary forms of protection - Country of origin information (COI) - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Honour killings - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

YS and YY (Paragraph 352D - British National Sponsor Former Refugee) Ethiopia v. Secretary of State for the Home Department

Heard at Field House on 16 September 2008.

4 December 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Cessation clauses - Family reunification - Pre-entry procedures - Refugees | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

FB (Lone Women - PSG - Internal Relocation - AA (Uganda) Considered) Sierra Leone v. Secretary of State for the Home Department

Heard at: Field House on 19 June and 23 July 2008.

27 November 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Female genital mutilation (FGM) - Forced marriage - Harmful traditional practices - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Prostitution / Commercial sex work - Social group persecution - Women-at-risk | Countries: Sierra Leone - United Kingdom of Great Britain and Northern Ireland

RN (Returnees) Zimbabwe v. Secretary of State for the Home Department

Heard at Field House on 1, 2 and 5 September, and 1 and 30 October 2008. This determination partially supersedes HS (Returning Asylum Seekers) Zimbabwe v. Secretary of State for the Home Department CG [2007] UKAIT 00094. Subsequently replaced by EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC). 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.

19 November 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Complementary forms of protection - Country of origin information (COI) - Persecution based on political opinion - Political parties - Political situation - Returnees | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

SZ and JM (Christians - FS Confirmed) Iran v. Secretary of State for the Home Department

Conditions for Christians in Iran have not deteriorated sufficiently to necessitate a change in the guidance in FS and Others (Iran - Christian Converts) Iran CG [2004] UKIAT 00303 Iran. For some converts to sacrament-based churches the conditions may be such that they could not reasonably be expected to return and their cases must be considered on HJ (Homosexuality: Reasonably Tolerating Living Discreetly) Iran [2008] UKAIT 00044 grounds.
It remains to be seen whether the proposed inclusion of apostasy in the amended criminal code will make a material difference. The amendments to the code are part of a wholesale change in the criminal law and not solely aimed at converts. The proposals are still before Parliament.
'Proselytising' and 'evangelising' are not terms of art and distinctions should not be drawn between them.

12 November 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Catholic - Christian - Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Evangelical - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

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