All Articles: Country Guidance

New Country Guidance case on Darfuris and Sudan

MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In the country guidance case of AA (Non-Arab Darfuris-relocation) Sudan CG [2009] UKAIT 00056, where it is state ...

12th January 2015 By

Upper Tribunal: Merry Christmas Pakistani Christians! Appeals dismissed…

In an arguably less than ideal piece of timing the Upper Tribunal has finally, just two days before Christmas, issued the long awaited Country Guidance decision on asylum claims by Pakistani Christians. The case is AK and SK (Christians: risk) Pakista ...

23rd December 2014 By

Only 15% of Tribunal reporting committee members are women

Some information about the shadowy Upper Tribunal Reporting Committee shared with me by the indefatigable Shoaib Khan, obtained through a Freedom of Information request: The current members of the reporting committee are: Mr Justice McCloskey (Preside ...

15th December 2014 By

The new Somalia Country Guidance: green lights and red lights

Long-awaited guidance on returns to Mogadishu poses significant, but not insurmountable, challenges to appellants It may be 286 pages long but the apparent effect of the new Somalia Country Guidance — MOJ & Ors (Return to Mogadishu) (CG) [20 ...

31st October 2014 By

New country guidance case on Angola and Cabinda

The official headnote is quite long but you can get the gist from paragraph 2: There is significant evidence of human rights abuses, including within Cabinda and affecting Cabindans, problems of arbitrary arrest and detention, ill-treatment in detenti ...

1st October 2014 By

New country guidance on North Korean asylum cases

In GP and others (South Korean citizenship) North Korea CG [2014] UKUT 391 (IAC) the tribunal concludes, to cut a long story short, that North Koreans can jolly well go back to South Korea whether they like it or not. Henceforth. Whereforeunto. Hereaf ...

25th September 2014 By

HM and others (Article 15(c)) Iraq CG [2012] UKUT 00409 (IAC)

The phased withdrawal of US forces has not led to a return to generalised sectarian conflict and indeed appears to have resulted in a significant annualised drop in the number of security incidents … the most likely development is that the leve ...

15th August 2014 By

New Libya Country Guidance asylum case

Nearly 3 years after the end of the civil war in Libya that swept away the Qadhafi regime and its associated country guidance, and after nearly 8 months of deliberation, the Upper Tribunal has decided that Libya isn’t so bad after all, at least for ...

16th July 2014 By

Risk for Christians in China “virtually negligible”

So says the immigration tribunal in the latest Country Guidance case of QH (Christians – risk )(China) CG [2014] UKUT 86 (IAC). ...

17th March 2014 By

No risk of persecution for gay men in India despite criminalisation

So says the tribunal in MD (same-sex oriented males: risk) India CG [2014] UKUT 65 (IAC), anyway. And even if there was risk in the home area, the tribunal considers that relocation within India is generally reasonable and “LGBT support organis ...

21st February 2014 By

Pending Country Guidance case list

For we tribunal watchers the list is notably short. Judicial ambitions to categorise, measure and risk assess the entire world have been scaled back, perhaps because of the impossibility of the task but more likely because resources are being absorbed ...

20th February 2014 By

SD (military service – sexual identity) Turkey CG [2013] UKUT 612 (IAC)

Official headnote: (1) All Turkish males are required to undergo military service but exemption can be granted on the grounds of physical or mental disability which includes “sexual identity disorder”. (2) Homosexuality is regarded by the ...

2nd January 2014 By

Sri Lankan asylum claims

Permission has been granted by the Court of Appeal to challenge the outcome of the recent Country Guidance case on Sri Lanka, GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC) (previous post: “New Sri Lankan Count ...

19th November 2013 By

Somalia: safe for returns?

The Upper Tribunal has listed an appeal to be heard in December in which it intends to give further country guidance about returns to Mogadishu.  No doubt the case will address the contention long advanced by the Secretary of State that the situation ...

15th October 2013 By

Sri Lanka Country Guidance seminar report

Last Friday evening Renaissance Chambers’ immigration group hosted a seminar about the new Sri Lanka Country Guidance: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). I had the pleasure of speaking together with Shiva ...

15th July 2013 By

New post civil war Sri Lankan Country Guidance

A long awaited and much needed new Country Guidance cases has finally been issued by the Upper Tribunal: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). One of the three appellants succeeded on refugee grounds – c ...

9th July 2013 By

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 exis ...

8th April 2013 By

Burmese Country Guidance case found legally flawed

The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that the 2009 Country Guidance case of TL (Sur Place activities-risk) Burma [2009] UKAIT 00017 was legally flawed, effectively over ...

19th February 2013 By

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. ...

13th February 2013 By

Evidence in the tribunal

CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59 (IAC) is important not only as Country Guidance on Zimbabwe but also on the law of evidence in the immigration tribunal. The broad effect of the Country Guidance findings are summarised ...

13th February 2013 By

Country Guidance on Ahmadis from Pakistan

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 [2012] UKUT 00389 (IAC). Shivani Jegarajah and Colin Yeo of Renaissance Chambers (and t ...

16th November 2012 By

The false omniscience of the internet age

In the case of HJ (Iran) [2011] 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 (sexuality, political opinion, religious ...

2nd August 2012 By

Zimbabwe Country Guidance case overturned

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 [2012] EWCA Civ 940, the existing Country Guidance case on Zimbawe, that of EM and Others (R ...

16th July 2012 By

Country Guidance cases reviewed

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 is BAILII. School is now out an ...

16th July 2012 By

Zimbabwe gay guidance case

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 gays. The case is LZ (homosexuals) ...

31st January 2012 By