International law / EU Qualification Directive

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

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

(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

This decision replaces AT and Others Libya CG [2014] UKUT 318 (IAC) in respect of assessment of the art 15(c) risk.

20 September 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Complementary forms of protection - Conflict situation - EU Qualification Directive - Evidence (including age and language assessments / medico-legal reports) | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

21 June 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Countries: Myanmar - United Kingdom of Great Britain and Northern Ireland

18 May 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - EU Qualification Directive - IDP camps - Internal armed conflict - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Internally displaced persons (IDPs) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 13 to 21 June and 15 July 2011.

25 November 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Complementary forms of protection - EU Qualification Directive - Female genital mutilation (FGM) - 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 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