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UNHCR LEGAL OBSERVATIONS ON THE ILLEGAL MIGRATION BILL

22 March 2023 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

#IBelong Campaign Update, October-December 2022

13 February 2023 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

EMAP (Gang violence – Convention Reason) El Salvador CG v. Secretary of State for the Home Department [2022] UKUT 00335 (IAC)

The main determination in this case is whether harm amounts to persecution for one of the five reasons set out in the Refugee Convention. The Court considered country background of El-Salvador to assess and determine if the appellant has a well-founded fear/risk of persecution for reasons relating to membership of a particular social group and different political opinion.

15 December 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts of persecution - Asylum-seekers - EU Qualification Directive - Gang related violence | Countries: El Salvador - United Kingdom of Great Britain and Northern Ireland

R (on the application of BG) v London Borough of Hackney (social media; candour; disclosure) [2022] UKUT 00338 (IAC)

(1) The duty of candour which applies in judicial review proceedings obliges the parties to disclose all material facts, including those which are or appear to be adverse to his case. (2) That duty also obliges the parties to make reasonable enquiries to identify such facts, so as to ensure that the judge dealing with the application has the full picture. (3) In practice, the duty of candour obliges an applicant’s legal representatives in Age Assessment Judicial Review proceedings to: (i) Ascertain what social media and other methods of communication are used by the applicant; (ii) Consider the relevant accounts with a view to ascertaining whether they contain any material which potentially undermines the applicant’s case; and (iii) Disclose any material which might be relevant to the case, including any material adverse to the applicant. (4) The duty is a self-policing one, but the Upper Tribunal might legitimately require a ‘disclosure statement’ from an applicant’s solicitor, confirming that the applicant has disclosed to them the details of any social media accounts that they hold and that the solicitor in question has undertaken a reasonable and proportionate search of those accounts in order to ensure that all documents relevant to the issues in the case have been disclosed. (5) When the Upper Tribunal considers an application for specific disclosure, it will be a highly material consideration that the applicant’s solicitor has made such a disclosure statement. (6) In order for the Upper Tribunal to make an order for specific disclosure, it is necessary for there to have been an application for the same; such an order cannot be made as a matter of course. Instead, the test will always be whether, in the given case, disclosure appears to be necessary in order to resolve the matter fairly and justly. (7) An order for specific disclosure of material from an applicant’s social media accounts is likely to represent an interference with 2 their private life and it is necessary to consider the breadth of the disclosure required in order to decide whether a less intrusive measure might suffice.

27 October 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

#IBelong Campaign Update, April-June 2022

5 August 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Berdica (Deprivation of citizenship: consideration) Albania [2022] UKUT 00276 (IAC)

1. In deprivation of citizenship appeals, consideration is to be given both to the sustainability of the original decision and also whether upon considering subsequent evidence the Secretary of State's maintenance of her decision up to and including the hearing of the appeal is also sustainable. The latter requires an appellant to establish that the Secretary of State could not now take the same view. 2. Decisions of the Upper Tribunal are binding on the First-tier Tribunal, not only in the individual case by virtue of section 12 of the Tribunal, Courts and Enforcement Act 2007, but also as a matter of precedent.

28 June 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Citizenship / Nationality law - Withdrawal of nationality | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

UNHCR Analysis of the Legality and Appropriateness of the Transfer of Asylum- Seekers under the UK-Rwanda arrangement

8 June 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 00110 (IAC)

This decision replaces all existing country guidance on Iraq.

22 April 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): EU Qualification Directive - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd - Travel documents | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

KM (exclusion; Article 1F(a); Article 1F(b)) Democratic Republic of Congo

1. This decision considers whether the appellant should be excluded from the protection of the 1951 Convention Relating to the Status of Refugees (‘the Convention’) because there are serious reasons for considering that he committed crimes against humanity (Article 1F(a)) or in the alternative a serious non-political crime (Article 1F(b)) during his service in the Police d’Intervention Rapide (PIR) in the Democratic Republic of Congo (DRC).

9 March 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): 1951 Refugee Convention - Crimes against humanity - Exclusion clauses - International criminal law - Serious non-political crime | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

NB and AB (C-349/20) v SSHD (UK)

This request for a preliminary ruling concerns the interpretation of Article 12(1)(a) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12).

3 March 2022 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): Article 1D - Palestinian - Persons with disabilities - Statelessness - UNRWA | Countries: Lebanon - Palestine, State of - United Kingdom of Great Britain and Northern Ireland

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