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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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SB (Risk on Return - Illegal Exit) Iran v. Secretary of State for the Home Department

This case replaces AD (Risk - Illegal Departure) Iran CG [2003] UKIAT 00107. The conclusions of the Tribunal were endorsed by the Upper Tribunal in the country guidance case of BA (Demonstrators in Britain – risk on return) Iran CG [2011] UKUT 36 (IAC).

16 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Elections - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion - Prison or detention conditions - Prosecution vs persecution - Returnees - Unlawful departure | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

SZ and JM (Christians - FS Confirmed) Iran v. Secretary of State for the Home Department

Conditions for Christians in Iran have not deteriorated sufficiently to necessitate a change in the guidance in FS and Others (Iran - Christian Converts) Iran CG [2004] UKIAT 00303 Iran. For some converts to sacrament-based churches the conditions may be such that they could not reasonably be expected to return and their cases must be considered on HJ (Homosexuality: Reasonably Tolerating Living Discreetly) Iran [2008] UKAIT 00044 grounds.
It remains to be seen whether the proposed inclusion of apostasy in the amended criminal code will make a material difference. The amendments to the code are part of a wholesale change in the criminal law and not solely aimed at converts. The proposals are still before Parliament.
'Proselytising' and 'evangelising' are not terms of art and distinctions should not be drawn between them.
Insofar as related to non-ethnic Christians, this decision is replaced by the country guidance decision in PS (Christianity - risk) Iran CG [2020] UKUT 00046 (IAC).

12 November 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Catholic - Christian - Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Evangelical - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

HJ (Homosexuality: Reasonably Tolerating Living Discreetly) Iran v. Secretary of State for the Home Department

Heard at Field House on 25 February 2008. Decision following remittal for reconsideration by the Court of Appeal: J v. Secretary of State for the Home Department [2006] EWCA Civ 1238. The decision was further appealed before the Court of Appeal: HJ (Iran) v. Secretary of State for the Home Department; HT (Cameroon) v. Secretary of State for the Home Department [2009] EWCA Civ 172.

10 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

SH (Baha'is) Iran v. Secretary of State for the Home Department

27 April 2006 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Baha'i - Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Religious persecution (including forced conversion) | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

HS (Homosexuals: Minors, Risk on Return) Iran v. Secretary of State for the Home Department

Heard at Taylor House on 19 May 2005 and 22 July 2005.

4 August 2005 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Post-traumatic stress disorder (PTSD) - Social group persecution - Unlawful departure | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

AD (Risk - Illegal Departure) Iran v. Secretary of State for the Home Department

Subsequently replaced by: SB (Risk on Return - Illegal Exit) Iran CG [2009] UKAIT 00053.

29 October 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Persecution based on political opinion - Unlawful departure | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

SS (Risk - Manastry) Iran v. Secretary of State for the Home Department

8 August 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Persecution based on political opinion - Religious discrimination - Religious persecution (including forced conversion) - Standard of proof | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

Secretary of State for the Home Department v. ZH (Women as Particular Social Group) Iran

6 June 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Domestic violence - Freedom from torture, inhuman and degrading treatment - Gender discrimination - Social group persecution - Women-at-risk | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

FT (Fair Trail - Adultery) Iran v. Secretary of State for the Home Department

3 April 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Criminal justice - Freedom from torture, inhuman and degrading treatment - Prosecution vs persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

MT (Refugee - Communist Party) Iran v. Secretary of State for the Home Department

3 March 2003 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Sur place persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

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