United Kingdom: Upper Tribunal (Immigration and Asylum Chamber)

The Upper Tribunal Immigration and Asylum Chamber (UTIAC) is a superior court of record and forms part of the Tribunals Service, an executive agency of the Ministry of Justice. Its purpose is to hear and decide appeals against decisions made by the First-tier Tribunal in matters of immigration, asylum and nationality. Appeals are heard by one or more Senior or Designated Immigration Judges who are sometimes accompanied by non legal members of the Tribunal. Immigration Judges and non legal members are appointed by the Lord Chancellor and together they form an independent judicial body. The former Asylum and Immigration Tribunal (AIT) was superseded by the implementation of the UTIAC in February 2010. Website: www.tribunals.gov.uk/immigrationasylum/utiac/index.htm

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ES (s82 NIA 2002; negative NRM) Albania [2018] UKUT 00335 (IAC) 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
HD (Trafficked women) Nigeria CG The guidance set out in PO (trafficked women) Nigeria [2009] UKAIT 00046 at paragraphs 191-192 should no longer be followed. 17 October 2016 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Document type: Case Law \| Topic(s): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons - Women-at-risk \| Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland
MS (Trafficking – Tribunal's Powers – Art. 4 ECHR) Pakistan 13 May 2016 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Document type: Case Law \| Topic(s): Trafficking in persons \| Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland
TD and AD (Trafficked women)(CG) v. Secretary of State for the Home Department 23 February 2016 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Document type: Case Law \| Topic(s): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons - Women-at-risk \| Countries: Albania - United Kingdom of Great Britain and Northern Ireland
Nguyen (Anti-Trafficking Convention: respondent's duties) v. The Secretary of State for the Home Department 25 March 2015 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Document type: Case Law \| Topic(s): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons \| Countries: United Kingdom of Great Britain and Northern Ireland - Viet Nam
EK (Article 4 ECHR: Anti-Trafficking Convention) Tanzania v. Secretary of State for the Home Department 19 June 2013 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Document type: Case Law \| Countries: Tanzania, United Republic of - United Kingdom of Great Britain and Northern Ireland
SHL (Tracing obligation/Trafficking) Afghanistan v. Secretary of State for the Home Department 16 June 2013 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Document type: Case Law \| Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland
AZ (Trafficked women) Thailand 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. 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
AM and BM (Trafficked women) Albania 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. 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

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