Last Updated: Wednesday, 17 May 2023, 15:20 GMT

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 The former Asylum and Immigration Tribunal (AIT) was superseded by the implementation of the UTIAC in February 2010.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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Ainte (material deprivation – Art 3 – AM (Zimbabwe)) [2021] UKUT 0203 (IAC)

(i)Said [2016] EWCA Civ 442 is not to be read to exclude the possibility that Article 3 ECHR could be engaged by conditions of extreme material deprivation. Factors to be considered include the location where the harm arises, and whether it results from deliberate action or omission. (ii) In cases where the material deprivation is not intentionally caused the threshold is the modified N test set out in AM (Zimbabwe) [2020] UKSC 17. The question will be whether conditions are such that there is a real risk that the individual concerned will be exposed to intense suffering or a significant reduction in life expectancy. (iii) The Qualification Directive continues to have direct effect following the UK withdrawal from the EU.

22 July 2021 | 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): EU Qualification Directive - Freedom from torture, inhuman and degrading treatment - Livelihoods | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

PS (Christianity - risk) Iran CG [2020] UKUT 00046 (IAC)

1. This country guidance applies to protection claims from Iranians who claim to have converted from Islam to Christianity. 2. Insofar as they relate to non-ethnic Christians, this decision replaces the country guidance decisions in FS and Others (Iran – Christian Converts) Iran CG [2004] UKIAT 00303 and SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 00082 which are no longer to be followed.

20 February 2020 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Christian - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) - Returnees | Countries: Iran, Islamic Republic of - 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

MB (Cabinda risk) Angola v. Secretary of State for the Home Department

This decision replaces FP (Return - Cabinda - Non-Luandan) Angola, which ceases to be country guidance.

8 September 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Cabinda - Freedom from torture, inhuman and degrading treatment - Return conditions - Returnees | Countries: Angola - United Kingdom of Great Britain and Northern Ireland

SD (military service – sexual identity) Turkey CG v. Secretary for the Home Department

5 December 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Armed forces / Military - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution on the basis of sexual orientation or gender identity - Regional instruments | Countries: Türkiye - United Kingdom of Great Britain and Northern Ireland

Cuong Van Dang v. The Secretary of State for the Home Department

17 January 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - National security / Public order - Non-refoulement - Regional instruments | Countries: United Kingdom of Great Britain and Northern Ireland - Viet Nam

LM (returnees - expired exit permit) Uzbekistan CG v. Secretary of State for the Home Department

23 November 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Entry / Exit - Freedom from torture, inhuman and degrading treatment - Regional instruments | Countries: Ukraine - United Kingdom of Great Britain and Northern Ireland

GS and EO (Article 3 - health cases) India v. Secretary of State for the Home Department

24 October 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Public health | Countries: United Kingdom of Great Britain and Northern Ireland

AA (Art 1F(a) - complicity - Arts 7 and 25 ICC Statute) Iran v. Secretary of State for the Home Department

Heard at Manchester on 4 May 2011.

29 July 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Complementary forms of protection - Crimes against humanity - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

GS (Article 3 - health - exceptionality) India v. Secretary of State for the Home Department

Heard at Field House on 16 November 2010.

23 February 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Public health - Right to family life | Countries: India - United Kingdom of Great Britain and Northern Ireland

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