United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority

The Asylum and Immigration Tribunal (AIT) forms part of the Tribunals Service, an executive agency of the Ministry of Justice. The implementation of AIT in 2005, superseded the former Immigration Appellent Authority (IAA). The AIT hears and decides appeals against decisions made by the Home Office in matters of asylum, immigration and nationality. The Asylum and Immigration Tribunal was abolished by Article 2 of the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010, and its functions were transferred to the First-tier Tribunal and the Upper Tribunal Immigration and Asylum Chamber (UTIAC), created under Part 1 of the Tribunals, Courts and Enforcement Act 2007, effective 15 February 2010. Website: www.ait.gov.uk/

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Case Law 8

Selected filters: China Freedom from torture, inhuman and degrading treatment

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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
SP and Others (Tibetan - Nepalese Departure - Illegal - Risk) People's Republic of China v. Secretary of State for the Home Department 9 February 2007 \| Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority \| Document type: Case Law \| Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Involuntary repatriation - Persecution based on political opinion - Tibetan - Unlawful departure \| Countries: China - United Kingdom of Great Britain and Northern Ireland
SC (Double Jeopardy - WC Considered) China v. Secretary of State for the Home Department This decision is no longer country guidance on the issue of double jeopardy and was replaced by JC (Double Jeopardy: Art 10 CL) China v. Secretary of State for the Home Department CG [2008] UKAIT 00036. 23 January 2006 \| Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority \| Document type: Case Law \| Topic(s): Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Prosecution vs persecution \| Countries: China - United Kingdom of Great Britain and Northern Ireland
MH (Risk - Return - Falun Gong) China v. Secretary of State for the Home Department 3 September 2002 \| Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority \| Document type: Case Law \| Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Credibility assessment - Falun Gong - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers - Religious persecution (including forced conversion) \| Countries: China - United Kingdom of Great Britain and Northern Ireland
HL (Risk - Return - Snakeheads) China v. Secretary of State for the Home Department 13 August 2002 \| Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority \| Document type: Case Law \| Topic(s): Contemporary forms of slavery - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers \| Countries: China - United Kingdom of Great Britain and Northern Ireland
WC (Illegal Departure - Failed Asylum Seeker) China v. Secretary of State for the Home Department 29 July 2002 \| Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority \| Document type: Case Law \| Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Involuntary repatriation \| Countries: China - United Kingdom of Great Britain and Northern Ireland
Secretary of State for the Home Department v. SL (Military Service) China 25 July 2002 \| Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority \| Document type: Case Law \| Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prison or detention conditions - Rejected asylum-seekers \| Countries: China - United Kingdom of Great Britain and Northern Ireland
XH (Illegal Departure - Risk - Return) China v. Secretary of State for the Home Department 10 May 2002 \| Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority \| Document type: Case Law \| Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Unlawful departure \| Countries: China - United Kingdom of Great Britain and Northern Ireland

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