The Home Secretary has succeeded in an appeal to the Court of Appeal where the First-tier Tribunal’s decision was overturned for a failure to provide
On 22nd May 2023 the Upper Tribunal published a new country guidance on case on Democratic Republic of Congo, PO (DRC – Post 2018 elections)
The Upper Tribunal has issued country guidance about the risk from gangs in El Salvador. In EMAP (Gang violence – Convention Reason) El Salvador CG
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in
The Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those
The Home Office has been refused permission to appeal against the latest Sri Lankan country guidance decision. The case is KK and RS (Sri Lanka)
The Upper Tribunal has put out a country guidance ruling on the Iranian government’s monitoring of dissidents on Facebook. Previous case law on the general
In AAR (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC), the Upper Tribunal has confirmed that the situation in Ethiopia has not changed
Readers may be forgiven for thinking that, where the Family Court finds that a person is at risk of female genital mutilation and makes a
In AS (Safety of Kabul) Afghanistan CG [2020] UKUT 130 (IAC) the Upper Tribunal has approved its 2018 decision that a returning male in good
Over 11 years since the decision in SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 82, the Upper Tribunal has revisited the
On 20 December 2019, the Upper Tribunal issued a new country guidance case on Iraq. This new case, SMO, KSP & IM (Article 15(c); identity
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal
In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within
Credit where it’s due. In numerous claims and fresh claims for asylum for well over half a decade now, the firm of Barnes Harrild &
AM (Iran) v Secretary of State for the Home Department [2018] EWCA Civ 2706 demonstrates the Court of Appeal’s increasing tendency to find any reason
The Home Office now believes that the Sudanese country guidance cases should no longer be followed, based on a change of country circumstances. Its “lines
AAH (Iraqi Kurds – internal relocation) (CG) [2018] UKUT 212 (IAC) is a recent country guidance case on the availability of internal relocation for Iraqi
The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul.
The Independent Chief Inspector of Borders and Immigration has urged the Home Office to fundamentally overhaul the country of origin information it gives to officials
Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017]
In FY (Somalia) v Secretary of State for the Home Department [2017] EWCA Civ 1853, the Court of Appeal refused the deportation of a Somali national on
What happens where the Upper Tribunal makes a mistake in a country guidance case? And in what circumstances will the Court of Appeal have jurisdiction
The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account
Is the First-Tier Tribunal (FTT) bound to take into account a Country Guidance (CG) case that is issued by the Upper Tribunal after the date
In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the
The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC).
The Home Office has published a new 285 page report of a UK fact finding mission to Eritrea from February 2016 and updated its country policy
The official country information watchdog, the Independent Advisory Group on Country Information, has criticised the Home Office’s use of country information on the situation in Eritrea. The
MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In
In an arguably less than ideal piece of timing the Upper Tribunal has finally, just two days before Christmas, issued the long awaited Country Guidance
Some information about the shadowy Upper Tribunal Reporting Committee shared with me by the indefatigable Shoaib Khan, obtained through a Freedom of Information request: The
Long-awaited guidance on returns to Mogadishu poses significant, but not insurmountable, challenges to appellants It may be 286 pages long but the apparent effect of
The official headnote is quite long but you can get the gist from paragraph 2: There is significant evidence of human rights abuses, including within
In GP and others (South Korean citizenship) North Korea CG [2014] UKUT 391 (IAC) the tribunal concludes, to cut a long story short, that North
The phased withdrawal of US forces has not led to a return to generalised sectarian conflict and indeed appears to have resulted in a significant
Nearly 3 years after the end of the civil war in Libya that swept away the Qadhafi regime and its associated country guidance, and after
So says the immigration tribunal in the latest Country Guidance case of QH (Christians – risk )(China) CG [2014] UKUT 86 (IAC).
So says the tribunal in MD (same-sex oriented males: risk) India CG [2014] UKUT 65 (IAC), anyway. And even if there was risk in the home
For we tribunal watchers the list is notably short. Judicial ambitions to categorise, measure and risk assess the entire world have been scaled back, perhaps
The Home Secretary has succeeded in an appeal to the Court of Appeal where the First-tier Tribunal’s decision was overturned for a failure to provide sufficient reasons for departing from a country guidance case, only for the Upper Tribunal to then fall into the same error. The case is Secretary...
On 22nd May 2023 the Upper Tribunal published a new country guidance on case on Democratic Republic of Congo, PO (DRC – Post 2018 elections) (CG) [2023] UKUT 00117. PO considers the risk of persecution for political opponents following the election of Felix Tshisekedi in 2019, significantly narrowing the scope...
The Upper Tribunal has issued country guidance about the risk from gangs in El Salvador. In EMAP (Gang violence – Convention Reason) El Salvador CG [2022] UKUT 00335 (IAC), the Upper Tribunal makes helpful findings about the general context in which persecution by gangs takes place in El Salvador and...
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in a particular country. The general situation for asylum seekers from several countries is determined by the Upper Tribunal in what are called Country Guidance (CG)...
The Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those representing Iraqi nationals who fear that they cannot be properly re-documented on return to Iraq. The case provides guidance on whether someone sent back to...
The Home Office has been refused permission to appeal against the latest Sri Lankan country guidance decision. The case is KK and RS (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 119. Background Last year, in KK and RS (Sur place activities: risk) Sri Lanka...
The Upper Tribunal has put out a country guidance ruling on the Iranian government’s monitoring of dissidents on Facebook. Previous case law on the general human rights situation in Iran continues to hold good, but the new decision makes additional findings on a narrow but important issue: “risk on return...
In AAR (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC), the Upper Tribunal has confirmed that the situation in Ethiopia has not changed substantially enough to allow a departure from previous country guidance. This is important because people applying for asylum based on Oromo Liberation Front (OLF) support/and...
Readers may be forgiven for thinking that, where the Family Court finds that a person is at risk of female genital mutilation and makes a Female Genital Mutilation Protection Order (FGMPO), it will feed into the asylum consideration process. Not so. Or, perhaps more accurately, not necessarily so. It all...
In AS (Safety of Kabul) Afghanistan CG [2020] UKUT 130 (IAC) the Upper Tribunal has approved its 2018 decision that a returning male in good health can safely and reasonably relocate to Kabul subject to individual factors. That decision had been set aside and remitted to the tribunal by the...
Over 11 years since the decision in SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 82, the Upper Tribunal has revisited the question of risk on return for certain groups of Christians in Iran. The result is PS (Christianity – risk) Iran CG [2020] UKUT 46 (IAC)....
On 20 December 2019, the Upper Tribunal issued a new country guidance case on Iraq. This new case, SMO, KSP & IM (Article 15(c); identity documents) Iraq CG [2019] UKUT 400 (IAC), replaces all existing country guidance, including AA (Article 15(c)) Iraq CG [2015] UKUT 544 (IAC); BA (Returns to...
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal and provided guidance on the suitability of Kabul as a site for “internal relocation”. It broadly held that relocation to Kabul was generally safe and...
In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within the relevant country guidance decision of MN and others (Ahmadis- country conditions- risk) Pakistan CG [2012] UKUT 389 (IAC). The case is WA (Pakistan) v...
Credit where it’s due. In numerous claims and fresh claims for asylum for well over half a decade now, the firm of Barnes Harrild & Dyer has been presenting the Secretary of State for the Home Department with various reports by Professor Emile Joffé giving his expert opinion about the...
AM (Iran) v Secretary of State for the Home Department [2018] EWCA Civ 2706 demonstrates the Court of Appeal’s increasing tendency to find any reason to reject the appeals of foreign criminals. AM is an individual deserving of no sympathy. He has been convicted of raping a 17 year old...
The Home Office now believes that the Sudanese country guidance cases should no longer be followed, based on a change of country circumstances. Its “lines to take” now argue that while non-Arabs are likely to be at risk in the Darfur region, not all are at risk in the capital...
AAH (Iraqi Kurds – internal relocation) (CG) [2018] UKUT 212 (IAC) is a recent country guidance case on the availability of internal relocation for Iraqi Kurds to the Iraqi Kurdish Region. This case updates some of the guidance contained in AA (Iraq) v SSHD [2017] EWCA Civ 944, which had...
The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul. The new guidance covers two main areas of concern. The first is the risk, on return to Kabul, from the Taliban. The second focuses on...
The Independent Chief Inspector of Borders and Immigration has urged the Home Office to fundamentally overhaul the country of origin information it gives to officials making asylum decisions. David Bolt’s latest report, published today, says that the department “needs to examine whether the current format and contents of [Country Policy...
Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1946 the Court of Appeal has highlighted the need for focussed representations that make specific reference to all evidence and country information being...
In FY (Somalia) v Secretary of State for the Home Department [2017] EWCA Civ 1853, the Court of Appeal refused the deportation of a Somali national on the basis that he would face a real risk of living in circumstances falling below the Article 3 threshold if deported. In doing...
What happens where the Upper Tribunal makes a mistake in a country guidance case? And in what circumstances will the Court of Appeal have jurisdiction to hear an appeal against an Upper Tribunal decision that has already been remitted to the First Tier Tribunal? Both of these interesting issues crop...
The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or...
Is the First-Tier Tribunal (FTT) bound to take into account a Country Guidance (CG) case that is issued by the Upper Tribunal after the date of the FTT hearing, and after the date the FTT judge signs the determination, but before that determination is promulgated? The short answer, in general,...
In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the previous country guidance case, PO (trafficked women) Nigeria [2009] UKAIT 00046, in order to demonstrate a real risk of persecution on return to Nigeria, a...
The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC). It weighs in at 459 paragraphs plus voluminous appendices. The findings are good news for Eritrean refugees seeking sanctuary; the tribunal recognises the danger they...
The Home Office has published a new 285 page report of a UK fact finding mission to Eritrea from February 2016 and updated its country policy documents on illegal exit from Eritrea and military service. From a quick glance, it looks like there is little change in the Home Office...
The official country information watchdog, the Independent Advisory Group on Country Information, has criticised the Home Office’s use of country information on the situation in Eritrea. The Guardian has picked up on the story and the full IAGCI report can be found here. [UPDATE: Human Rights Watch has written to...
MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In the country guidance case of AA (Non-Arab Darfuris-relocation) Sudan CG [2009] UKAIT 00056, where it is stated that if a claimant from Sudan is a...
In an arguably less than ideal piece of timing the Upper Tribunal has finally, just two days before Christmas, issued the long awaited Country Guidance decision on asylum claims by Pakistani Christians. The case is AK and SK (Christians: risk) Pakistan CG [2014] UKUT 00569 (IAC) and the hearing actually...
Some information about the shadowy Upper Tribunal Reporting Committee shared with me by the indefatigable Shoaib Khan, obtained through a Freedom of Information request: The current members of the reporting committee are: Mr Justice McCloskey (President), Mr C M G Ockelton (Vice President), Upper Tribunal Judge Peter Lane (Chair), Upper...
Long-awaited guidance on returns to Mogadishu poses significant, but not insurmountable, challenges to appellants It may be 286 pages long but the apparent effect of the new Somalia Country Guidance — MOJ & Ors (Return to Mogadishu) (CG) [2014] UKUT 442 (IAC) — can, from the Home Office’s perspective, be...
The official headnote is quite long but you can get the gist from paragraph 2: There is significant evidence of human rights abuses, including within Cabinda and affecting Cabindans, problems of arbitrary arrest and detention, ill-treatment in detention, poor prison conditions, restrictions on freedom of expression, government action against protest...
The phased withdrawal of US forces has not led to a return to generalised sectarian conflict and indeed appears to have resulted in a significant annualised drop in the number of security incidents … the most likely development is that the levels of violence will either continue to reduce or...
Nearly 3 years after the end of the civil war in Libya that swept away the Qadhafi regime and its associated country guidance, and after nearly 8 months of deliberation, the Upper Tribunal has decided that Libya isn’t so bad after all, at least for men. The determination of AT...
So says the tribunal in MD (same-sex oriented males: risk) India CG [2014] UKUT 65 (IAC), anyway. And even if there was risk in the home area, the tribunal considers that relocation within India is generally reasonable and “LGBT support organisations” can provide help going underground if need be (para...
For we tribunal watchers the list is notably short. Judicial ambitions to categorise, measure and risk assess the entire world have been scaled back, perhaps because of the impossibility of the task but more likely because resources are being absorbed by the transfer of judicial review into the Upper Tribunal....
