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Iraq Country Guidance Overturned

Iraq Country Guidance Overturned

The controversial Country Guideline case of HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) has been quashed by the Court of Appeal. See the order here. The case of HM should no longer be followed as paragraph 2 of the order provides that:

determination of the IAC [Immigration and Asylum Chamber] in this appeal dated 21st September 2010 is quashed with the consequence that it ceases on all issues to be authoritative country guidance

The case of HM was an excellent example of the difficulties facing the tribunal in determining country guidance cases. See my original post on it here. The representatives for the appellants withdrew representation at the last minute, reputedly because a late expert report suggested that the merits of the case fell below the threshold needed to continue on a publicly funded basis. Nevertheless, without any appellant representatives to assist, the President of the tribunal decided to press ahead anyway.

It seems as if this was a mistake. The reasons for the order are unclear on its face, but if more information emerges then I will of course share it.

Free Movement
The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

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