DSG & Others (Afghan Sikhs: departure from CG) Afghanistan  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)  UKIAT 00137.
The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department  EWCA Civ 67 found that the 2009 Country Guidance case of TL (Sur Place activities-risk) Burma  UKAIT 00017 ... Read more
Country Guidance on Burma unlawful
The Court of Appeal has ruled that Country Guidance on Burma dating back to 2009 was legally flawed. Decisions based on the earlier TK case are therefore flawed. Full post and analysis to follow.
The new Country Guidance case on Zimbabwe, CM (EM country guidance; disclosure) Zimbabwe CG  UKUT 59 (IAC), is critically important to Zimbabweans in the UK. The broad effect of its findings is summarised in the ... Read more
CM (EM country guidance; disclosure) Zimbabwe CG  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  UKUT 98 (IAC) reinstated with amendment to account for RT (Zimbabwe)  UKSC 38
- Elections due in 2013, though, and situation is fluid. New country information is always to be taken into account.
The Upper Tribunal has issued a new Country Guidance case on Ahmadis from Pakistan, the case of MN and others (Ahmadis – country conditions – risk) Pakistan CG  UKUT 00389 (IAC). Shivani Jegarajah and ... Read more
In the case of HJ (Iran)  1 AC 596 (post here) the Supreme Court held that self oppression can be persecution. To put it another way, being forced to conceal a Convention reason protected characteristic ... Read more
In a follow up to my last post on Country Guidance cases generally and the Court of Appeal judgment in SG (Iraq) v Secretary of State for the Home Department  EWCA Civ 940, the existing Country Guidance case on ... Read more
In the jurisprudential equivalent of Easyjet and Ryanair flights simultaneously arriving at Stansted from Alicante, Malaga AND Lanzarote, a number of important cases have just been deposited in the luggage carousel that ... Read more
The latest Country Guidance case on Zimbabwe finds, in essence, that despite vociferous and violent pronouncements about homosexuality at the highest level in that country, Zimbabwe is a safe haven for lesbians and ... Read more