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Sikhs in Afghanistan

Sikhs in Afghanistan

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.

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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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