All Articles: Country Guidance
New country guidance on Democratic Republic of the Congo
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 ...
2nd June 2023Upper Tribunal issues Country Guidance on El Salvador gang risk
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 ...
20th December 2022How can Country Guidance cases be changed?
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 ...
13th October 2022Iraq country guidance on ID cards revised
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 cas ...
16th May 2022Home Office challenge to Sri Lanka country guidance fails
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 ...
28th February 2022Can the Iranian government see what dissidents post on Facebook?
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 additio ...
3rd February 2022Ethiopia still not safe for Oromo Liberation Front supporters, country guidance confirms
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 peop ...
17th January 2022How important are FGM Protection Orders in asylum claims?
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. O ...
5th May 2021New Kabul country guidance: individualised assessment of relocation required
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 a ...
11th May 2020The gospel according to Iran: new country guidance case on Christian converts
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) ...
27th February 2020New country guidance on Iraq
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) ...
8th January 2020Afghan country guidance decision remitted following statistical error
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 relocatio ...
31st May 2019Court of Appeal corrects country guidance on Ahmadis from Pakistan
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] UKU ...
12th March 2019How to use the new country guidance case on Iranian Kurdish asylum seekers
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 J ...
14th February 2019Home Office allowed to withdraw concession in another pro-government appeal ruling
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 be ...
13th December 2018New Home Office “lines to take” in Sudanese asylum claims
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 regio ...
17th July 2018New country guidance case on Kurds returned to Iraq
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 ( ...
2nd July 2018Upper Tribunal publishes new Afghanistan country guidance
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 ...
18th April 2018Fundamental problems with asylum country of origin information, Chief Inspector Bolt finds
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 tha ...
30th January 2018Never assume that the Secretary of State is aware of anything
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 mak ...
29th November 2017Court of Appeal re-affirms country guidance cases are not box ticking
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 th ...
28th November 2017How to correct a mistake in a country guidance case
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 Tie ...
14th August 2017Upper Tribunal rules it unsafe to return anyone to Libya
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 ...
3rd July 2017Country guidance issued between hearing and promulgation will still bind tribunal
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 ...
26th May 2017Nigerian country guidance case strengthens protection for trafficked women
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 ...
25th October 2016New Country Guidance case on Eritrea finds real risk on return
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 ...
11th October 2016