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OA (Somalia) Somalia CG [2022] UKUT 00033 (IAC)

1. In an Article 3 "living conditions" case, there must be a causal link between the Secretary of State's removal decision and any "intense suffering" feared by the returnee. This includes a requirement for temporal proximity between the removal decision and any "intense suffering" of which the returnee claims to be at real risk. This reflects the requirement in Paposhvili [2017] Imm AR 867 for intense suffering to be "serious, rapid and irreversible" in order to engage the returning State's obligations under Article 3 ECHR. A returnee fearing "intense suffering" on account of their prospective living conditions at some unknown point in the future is unlikely to be able to attribute responsibility for those living conditions to the Secretary of State, for to do so would be speculative.

2 February 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

AAR & AA (Non-Arab Darfuris – return) Sudan [2019] UKUT 00282 (IAC)

The situation in Sudan remains volatile after civil protests started in late 2018 and the future is unpredictable. There is insufficient evidence currently available to show that the guidance given in AA (non-Arab Darfuris - relocation) Sudan CG [2009] UKAIT 00056 and MM (Darfuris) Sudan CG [2015] UKUT 00010 (IAC) requires revision. Those cases should still be followed.

29 July 2019 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Darfuri | Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

BF (Tirana – gay men) Albania [2019] UKUT 0093 (IAC)

Whether there is a sufficiency of protection from harm by the state for the appellant in his home area in Albania and if not whether there is protection available for him in Tirana or elsewhere. If it is, whether it is reasonably open to the appellant to relocate to Tirana (or elsewhere) in the light of his sexual orientation as a gay man.

26 March 2019 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

HB (Kurds) Iran CG [2018] UKUT 00430 (IAC)

“whether a failed asylum seeker of Kurdish ethnicity will be at risk of persecution on return”

14 December 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Kurd - Returnees | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

AAH (Iraqi Kurds – internal relocation) Iraq CG UKUT 00212 (IAC)

country guidance on availability of ‘internal flight’ in the IKR for individuals of Kurdish origin - supplementing Section C and replacing Section E of AA (Iraq) v Secretary of State for the Home Department [2017] Imm AR 1440; [2017] EWCA Civ 944

26 June 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

AS (Safety of Kabul) Afghanistan CG [2018] UKUT 00118 (IAC)

“Whether the current situation in Kabul is such that the guidance given in AK (Afghanistan) [2012] UKUT 00163 (IAC) needs revision in the context of consideration of internal relocation.”

16 April 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): Country of origin information (COI) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

ZMM (Article 15(c) (CG)

i) Is the Appellant at risk under Article 15(c) if returned to Libya? ii) If Article 15(c) does apply, can the Appellant relocate to, and reasonably be expected to stay in, another part of the country in which he would not face such a risk? (humanitarian protection) Replaces AT & others (Article 15(c); risk categories) Libya CG [2014] UKUT 00318 (IAC) in respect of the assessment of the art 15(c) risk

29 June 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Generalized violence - Internal armed conflict | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

R (on the application of SS) v Secretary of State for the Home Department ("self-serving" statements)

13 March 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

R (on the application of SS) v Secretary of State for the Home Department ("self-serving" statements)

13 March 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

VB and Another (draft evaders and prison conditions (CG)

(i) What are the likely punishments for draft evasion in Ukraine (ii) Are prison conditions for draft evaders in Ukraine contrary to Article 3 of ECHR, or has there been a significant and durable change in Ukraine such that the country guidance decision of PS (prison conditions; military service) CG [2006] UKAIT 00016 should no longer be followed?

7 March 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Ukraine - United Kingdom of Great Britain and Northern Ireland

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