Burden / standard of proof / Country of origin information (COI)

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) | Document type: Case Law | Topic(s): Country of origin information (COI) | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

5 November 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

Submissions on behalf of UNHCR were made on 5 November 2014 and 3 June 2015.

30 July 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

Heard at: Field House on 4 April 2011.

19 May 2011 | 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) - EU Qualification Directive - Extended definition - Internal armed conflict - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 18 November 2010.

9 February 2011 | 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) - Evidence (including age and language assessments / medico-legal reports) - Internal armed conflict - Rejected asylum-seekers - Returnees - Security situation | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland