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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 The former Asylum and Immigration Tribunal (AIT) was superseded by the implementation of the UTIAC in February 2010.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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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) | Document type: Case Law | 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

OO (Burma -TS remains appropriate CG) Burma [2018] UKUT 00052 (IAC)

1. Whether there has been a change of conditions in Burma to justify a departure from the country guidance in TS. 2. Second, whether this appellant is reasonably likely to be at prospective risk in Burma, given his particular political profile and likely political activities in Burma, in light of TS and / or the updated country conditions. 3. Third, and in the alternative, whether the appellant would be unable to renew his passport or obtain a certificate of identity (‘CoI’) from the Burmese Embassy, with the result that he would be detained on return to Burma.

9 January 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Changes of circumstances in home country - Evidence (including age and language assessments / medico-legal reports) | Countries: Myanmar - United Kingdom of Great Britain and Northern Ireland

KB & AH (credibility-structured approach) Pakistan [2017] UKUT 00491 (IAC)

The ‘Credibility Indicators’ identified in the Home Office Asylum Policy Instruction, Assessing credibility and refugee status Version 3.0, 6 January 2015 provide a helpful framework within which to conduct a credibility assessment. However, any reference to a structured approach in relation to the subject matter of credibility assessment must carry a number of important (interrelated) caveats [...] Consideration of credibility in light of such indicators, if approached subject to the [..] caveats, is a valid and useful exercise, based squarely on existing learning.

13 December 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): Ahmadis - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

R (on the application of AS (by his litigation friend Francesco Jeff) v Kent County Council (age assessment; dental evidence)

11 September 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Benefit of the doubt - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Refugee status determination (RSD) / Asylum procedures - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

AA (Iraq) v Secretary of State for the Home Department

11 July 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Credibility assessment - Freedom from torture, inhuman and degrading treatment - Refugee identity documents - Travel documents | Countries: Iraq - 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) | Document type: Case Law | 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

Chin and Another (former BOC/Malaysian national – deportation)

8 May 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Deportation / Forcible return - Immigration law | Countries: Malaysia - United Kingdom of Great Britain and Northern Ireland

R. (on the application of Al-Anizy) v. Secretary of State for the Home Department

25 April 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Family reunification - Refugee status determination (RSD) / Asylum procedures - Right to family life - Visas | Countries: Iraq - Kuwait - 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) | Document type: Case Law | 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) | Document type: Case Law | 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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