DSG &  Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC)

Having done quite a few Afghan Sikh cases myself I can say this looks like a very sensible and pragmatic decision essentially disavowing the rather antiquated existing Country Guidance case on this group. A new CG case may be in the pipeline with Charlotte Bayati of Renaissance Chambers and Danny Bazini of No 5 Chambers as Counsel, I under stand. Official headnote as follows:

1. A judge may depart from existing country guidance in the circumstances described in Practice Direction 12.2 and 12.4 and the UT (IAC) Guidance Note 2011, no. 2, paragraphs 11 and 12.

2. The evidence before the judge in the present case justified his departure from the country guidance in SL & Others (Afghanistan) CG (Returning Sikhs and Hindus) [2005] UKIAT 00137.

CM (EM country guidance; disclosure) Zimbabwe CG [2012] UKUT 00059 (IAC)

(BAILII link to follow when available)

• No general duty on Secretary of State to disclose evidence in asylum cases, only not to mislead by omission
• Overturned Country Guidance in case of EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) reinstated with amendment to account for RT (Zimbabwe) [2012] UKSC 38
• Elections due in 2013, though, and situation is fluid. New country information is always to be taken into account.