Case Law

The determination of the First-tier Tribunal to dismiss the claimant’s appeal against the refusal of her asylum claim was reached by a process which was procedurally unfair as it did not give her sufficient opportunity to obtain evidence from Uganda to support her claim. The determination will be quashed and the defendant will be ordered to use his best endeavours to facilitate the return of the claimant to the United Kingdom to enable her to continue with her appeal. The claimant was lawfully detained from 21 July 2013 to 6 August 2013 and from 10 September 2013 until her removal to Uganda on 12 December 2013. The claimant was unlawfully detained from (and including) 6 August 2013 up to 10 September 2013.

24 June 2019 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Rule of law / Due process / Procedural fairness | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

2 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Credibility assessment - EU Qualification Directive - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Afghanistan - Gambia - Netherlands - Uganda

7 November 2013 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Gender-based persecution - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Prosecution vs persecution - Social group persecution | Countries: Netherlands - Senegal - Sierra Leone - Uganda

11 July 2013 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Gender-based persecution - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Prosecution vs persecution - Social group persecution | Countries: Netherlands - Senegal - Sierra Leone - Uganda

25 July 2012 | Judicial Body: Poland: Refugee Board | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Poland - Uganda

Application for judicial review.

24 February 2010 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Immigration Detention - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Manifestly unfounded / Clearly abusive claims - Persecution on the basis of sexual orientation or gender identity - Social group discrimination - Social group persecution | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal: JM (Homosexuality: Risk) Uganda CG [2008] UKIAT 00065 .

18 November 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Acts of persecution - Criminal justice - EU Qualification Directive - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life - Social group persecution | Countries: United Kingdom of Great Britain and Northern Ireland

Application for mandatory relief.

18 February 2009 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Deportation / Forcible return - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Rejected asylum-seekers | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

7 January 2009 | Judicial Body: Canada: Federal Court | Topic(s): Crimes against humanity - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution based on political opinion - Persecution on the basis of sexual orientation or gender identity - Torture - War crimes | Countries: Canada - Uganda

14 November 2008 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Deportation / Forcible return - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Safe third country | Countries: Canada - Uganda