United Kingdom of Great Britain and Northern Ireland

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

The appeal raises two points of principle: first, the standard of proof applicable to the determination of whether a person qualifies for the status of a stateless person as defined in the 1954 Convention relating to the Status of Stateless Persons ("the 1954 Convention”); and secondly, the relevance of a finding that a person is stateless to an assessment carried out pursuant to paragraph 390A of the Immigration Rules.

12 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Proof of nationality - Standard of proof - Statelessness | Countries: Guinea - United Kingdom of Great Britain and Northern Ireland

20 February 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

16 December 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Illegal immigrants / Undocumented migrants - Standard of proof | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

10 December 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Credibility assessment - Rule of law / Due process / Procedural fairness - Standard of proof | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

1 May 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

28 March 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal (AA/10668/2006).

18 March 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Acts contrary to the purposes and principles of the United Nations - Arbitrary arrest and detention - Death penalty - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Refugees - Standard of proof - Terrorism | Countries: Egypt - United Kingdom of Great Britain and Northern Ireland

Application for judicial review. The judgment was subsequently appealed before the Court of Appeal: [2008] EWCA Civ 1445.

20 June 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness - Standard of proof - Unaccompanied / Separated children | Countries: United Kingdom of Great Britain and Northern Ireland

Application for permission to appeal from a decision by the Asylum and Immigration Tribunal (AIT No. HX/01016/2004).

22 May 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Appeal / Right to appeal - Freedom from torture, inhuman and degrading treatment - Non-state agents of persecution - Palestinian - Persecution based on political opinion - Refugee camps - Standard of proof | Countries: Lebanon - United Kingdom of Great Britain and Northern Ireland