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England and Wales Case Law

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Immigration law

SJ v The Secretary of State for the Home Department

The Tribunal dismissed SJ’s asylum, humanitarian protection and Article 8 appeal, finding he had not shown he was Gambian and was instead a citizen of Guinea.

  • Protection claim
  • Nationality dispute
  • Humanitarian protection
  • Article 3 echr
  • Article 8 echr
  • Internal relocation
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Immigration

AH (Iran) v The Secretary of State for the Home Department

The First-tier Tribunal allowed an Iranian Kurdish appellant’s asylum and human rights appeal, accepting adverse attention in Iran and genuine UK sur place activity.

  • Protection claim
  • Refugee convention
  • Sur place activity
  • Risk on return to iran
  • Article 3 echr
  • Anonymity direction
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Immigration law

BA v The Secretary of State for the Home Department

The First-tier Tribunal dismissed an Afghan appellant’s protection and human rights appeal, finding his account of Taliban threats was not credible.

  • Protection claim
  • Credibility assessment
  • Humanitarian protection
  • Article 3 echr
  • Article 8 echr
  • Anonymity direction
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Immigration

HM v The Secretary of State for the Home Department

The tribunal dismissed HM’s protection, humanitarian protection and Article 8 appeals, finding his account of risk in Afghanistan was not credible.

  • Protection claim
  • Refugee convention
  • Imputed political opinion
  • Humanitarian protection
  • Article 3 echr
  • Article 8 echr
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Immigration law

BB v The Secretary of State for the Home Department

Case management review in an immigration and asylum appeal. The Tribunal adjourned the matter and made directions for evidence, service of documents, and clarification of a deportation order.

  • Deportation
  • Protection claim
  • Section 72 certification
  • Article 3 echr
  • Article 8 echr
  • Humanitarian protection
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Immigration law

AM v The Secretary of State for the Home Department

The Tribunal allowed a Somali appellant’s asylum appeal, accepting his account of Al-Shabab recruitment threats and risks from the Hawiye tribe, and dismissed humanitarian protection.

  • Protection claim
  • Credibility assessment
  • Convention reason
  • Humanitarian protection
  • State protection
  • Internal relocation
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Immigration law

AK v The Secretary of State for the Home Department

The First-tier Tribunal dismissed AK’s asylum, humanitarian protection, Article 3 and Article 8 appeal, finding internal relocation in India was available.

  • Protection claim
  • Domestic violence
  • Particular social group
  • Internal relocation
  • Sufficiency of protection
  • Humanitarian protection
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Immigration

AA v The Secretary of State for the Home Department

The First-tier Tribunal dismissed an Afghan appellant’s protection and Article 8 appeal, finding his account of Taliban detention and work for the authorities not credible.

  • Protection claim
  • Humanitarian protection
  • Article 8 private life
  • Credibility
  • Anonymity direction
  • Proceeding in absence
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Immigration law

ASO (Iraq) v Secretary of State for the Home Department

The First-tier Tribunal erred in law in its assessment of the appellant's credibility by misapplying background material and failing to provide adequate reasons. The Upper Tribunal erred in law by failing to properly assess the materiality of those errors. The errors were material because it could not be said that any rational tribunal would have been bound to reach the same conclusion on the evidence.

  • Credibility assessment
  • Material error of law
  • Protection claim
  • Standard of proof in asylum cases
  • Tribunal appellate review
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Immigration law [2023] EWCA Civ 1282

ASO (Iraq) v Secretary of State for the Home Department

ASO (Iraq) v Secretary of State for the Home Department [2023] EWCA Civ 1282 (03 November 2023)

The Court of Appeal allowed an asylum appeal, holding that the First-tier Tribunal erred in its credibility analysis and that the Upper Tribunal wrongly treated those errors as immaterial.

  • Asylum
  • Credibility assessment
  • Material error of law
  • Protection claim
  • Standard of proof
  • Appeal procedure
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.