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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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MO (illegal exit - risk on return) Eritrea v. Secretary of State for the Home Department

Heard at Field House on 25 February 2011.

27 May 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Unlawful departure | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

EM and Others (Returnees) Zimbabwe v. Secretary of State for the Home Department

Heard at Field House on 18 to 25 October and 15 December 2010 and 14 January 2011. The determination replaces RN (Returnees) Zimbabwe CG [2008] UKAIT 00083. The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

10 March 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Children's rights - Complementary forms of protection - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Political parties - Political situation - Rejected asylum-seekers - Right to family life | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

SA (Iranian Arabs - no general risk) Iran v. Secretary of State for the Home Department

Heard at Field House on 27 July 2010.

7 February 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Ahwazi - Arbitrary arrest and detention - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Racial / Ethnic persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

BA (Demonstrators in Britain - risk on return) Iran v. Secretary of State for the Home Department

Heard at Field House on 5 and 6 October 2010. The conclusions of the Asylum and Immigration Tribunal in the country guidance case of SB (risk on return - illegal exit) Iran CG [2009] UKAIT 00053, on the risk of persecution for those who have exited Iran illegally, are followed and endorsed.

1 February 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Sur place persecution - Unlawful departure | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

YF (Double jeopardy - JC confirmed) China v. Secretary of State for the Home Department

Heard at Bradford on 28 October 2010. The guidance given by the Asylum and Immigration Tribunal in JC (double jeopardy: Art 10 CL) China CG [2008] UKAIT 00036 confirmed.

25 January 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Criminal justice - Drug trafficking - Persecution based on political opinion | Countries: China - United Kingdom of Great Britain and Northern Ireland

SA (political activist - internal relocation) Pakistan v. Secretary of State for the Home Department

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

24 January 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Effective protection - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Persecution based on political opinion - State protection | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

AW (Sufficiency of protection) Pakistan v. Secretary of State for the Home Department

Heard at Field House on 11 November 2010.

24 January 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Effective protection - Non-state agents of persecution - Persecution based on political opinion - Persecution of family members - State protection | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

MB (Inability to provide protection - JAM) Trinidad and Tobago v. Secretary of State for the Home Department

Heard at Field House on 3 November 2010.

20 December 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Country of origin information (COI) - Effective protection - Non-state agents of persecution - Persecution based on political opinion - State protection - Terrorism | Countries: Trinidad and Tobago - United Kingdom of Great Britain and Northern Ireland

RR (Refugee - Safe Third Country) Syria v. Secretary of State for the Home Department

Heard at Field House on 5 January 2010.

13 November 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Multiple nationality - Non-refoulement - Persecution based on political opinion - Persecution of family members - Refugees - Safe third country | Countries: Syrian Arab Republic - United Kingdom of Great Britain and Northern Ireland

RS and Others (Zimbabwe - AIDS) Zimbabwe v. Secretary of State for the Home Department

Heard at Field House on 1- 3 March 2010.

13 October 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - HIV and AIDS - Persecution based on political opinion - Persons with disabilities - Public health - Right to family life - Right to health | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

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