Last Updated: Tuesday, 29 October 2019, 14:05 GMT

Burden / standard of proof / Credibility assessment

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IH (S.72; 'Particularly Serious Crime') Eritrea v. Secretary of State for the Home Department

Heard at Field House on 12 February, 3 and 9 September 2008.

9 March 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Criminal justice - Deportation / Forcible return - Exclusion clauses - National security / Public order - Refoulement - Serious non-political crime | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

WD (Lebanon - Palestinian - ANO - Risk) Lebanon v. Secretary of State for the Home Department

Heard at Field House on 6 and 7 March 2008.

21 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Palestinian - Persecution based on political opinion - Political groups - Refugee camps | Countries: Lebanon - United Kingdom of Great Britain and Northern Ireland

JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department

Heard at Field House on 21-23 January 2008. The decisions in WC (No Risk of Double Punishment) China v. Secretary of State for the Home Department [2004] UKIAT 00253 and SC (Double Jeopardy - WC Considered) China v. Secretary of State for the Home Department CG [2006] UKAIT 00007 are no longer factually accurate, and SC should no longer be treated as country guidance. The Court of Appeal (England and Wales) dismissed a subsequent appeal: [2009] EWCA Civ 81. Guidance subsequently confirmed by the Upper Tribunal (Immigration and Asylum Chamber) in YF (double jeopardy - JC confirmed) China CG [2011] UKUT 32 (IAC).

14 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Burden of proof - Corruption - Country of origin information (COI) - Credibility assessment - Criminal justice - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Prison or detention conditions - Prosecution vs persecution | Countries: China - United Kingdom of Great Britain and Northern Ireland

MM and FH (Stateless Palestinians - KK, IH, HE reaffirmed) Lebanon v. Secretary of State for the Home Department

Heard at Field House, on 29 June 2007.

25 February 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Country of origin information (COI) - Credibility assessment - Discrimination based on race, nationality, ethnicity - Palestinian - Racial / Ethnic persecution - Refugee camps - Statelessness | Countries: Lebanon - United Kingdom of Great Britain and Northern Ireland

PK (EEA Regs: Jia) Sri Lanka v. Secretary of State for the Home Department

Heard at Field House on 15 January 2008.

21 February 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Credibility assessment - Residence permits / Residency - Right to family life | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

RS and SS (Exclusion of Appellant from Hearing) Pakistan v. Secretary of State for the Home Department

Heard at Field House on 18 December 2007.

20 February 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness - Witnesses | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

RT (Medical Reports - Causation of Scarring) Sri Lanka 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.

7 February 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Tamil | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

RZ (Eurodac - Fingerprint Match - Admissible) Eritrea v. Secretary of State for the Home Department

Heard at Manchester on 6 November 2007.

28 January 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Pentecostal - Religious persecution (including forced conversion) - Safe third country - Standard of proof | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

BK (Failed Asylum Seekers) Democratic Republic of Congo v. Secretary of State for the Home Department

Heard at Field House on 3-5 July, and 17-25 September 2007.

18 December 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Country of origin information (COI) - Credibility assessment - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Rejected asylum-seekers - Sexual and gender-based violence (SGBV) - Witnesses | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

HS (Returning Asylum Seekers) Zimbabwe v. Secretary of State for the Home Department

Heard at Field House on 23 – 26 July 2007. This determination has been partially superseded by RN (Returnees) Zimbabwe v. Secretary of State for the Home Department CG [2008] UKAIT 00083.

29 November 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Document type: Case Law | Topic(s): Country of origin information (COI) - Credibility assessment - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

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