Title | JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department |
Publisher | United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority |
Author | Asylum and Immigration Tribunal (AIT) |
Publication Date | 14 May 2008 |
Country | China | United Kingdom of Great Britain and Northern Ireland |
Topics | 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 |
Citation / Document Symbol | CG [2008] UKAIT 00036 |
Cite as | JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department, CG [2008] UKAIT 00036, United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority, 14 May 2008, available at: https://www.refworld.org/cases,GBR_AIT,482c01ab2.html [accessed 4 November 2019] |
Comments | 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). |
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