Category: Immigration

SI (Expert Evidence, Kurd, SM Confirmed) Iraq CG: AIT 15 Dec 2008

AIT 1. Failure by the respondent to adduce her own expert evidence cannot imbue expert evidence submitted by an appellant with any greater value than it merits when considered alongside the rest of the evidence.
2. The evidence relating to the official justice system in the KRG falls short of demonstrating that all persons who are tried in that part of Iraq will face a process that would amount to a flagrant denial of the notion of a fair trial: SM and Others (Kurds-Protection-Relocation) Iraq CG [2005] UKAIT 00111 followed.
3. The guidance given in SM regarding relocation of a Kurd from the KRG to central or southern Iraq, which was that it can in general be effected without this being unduly harsh and without giving rise to a real risk ‘in all but the most exceptional high profile cases’ of their relocation being brought to the attention of [any of the KRG authorities], also remains valid.
4. ‘Honour killings’ and ‘blood feuds’ are distinct phenomena, albeit they may sometimes overlap in practice.
[2008] UKAIT 00094
Bailii
England and Wales

Updated: 17 September 2021; Ref: scu.279061

LG and CC (EEA Regs: Residence; Imprisonment; Removal) Italy: AIT 19 Jun 2009

AIT Time spent in prison does not count towards the acquisition of the level of protection afforded to an EEA national by regulation 21(4) of the Immigration (European Economic Area) Regulations 2006, even for a person who has a right of permanent residence in the United Kingdom.
A clear distinction is required to be drawn between the three levels of protection against removal introduced in the 2006 Regulations, each level being intended to be more stringent and narrower than the immediately lower test.
[2009] UKAIT 00024
Bailii
England and Wales

Updated: 17 September 2021; Ref: scu.347502

Szoma v Southwark London Borough Council: Admn 17 Feb 2003

[2003] EWHC 356 (Admin)
Bailii
Asylum Support (Interim Provision) Regulations 1999
England and Wales
Cited by:
Appeal from – Szoma v Secretary of State for Work and Pensions CA 30-Jul-2003
The applicant, a foreign national had been given temporary admission to the UK. He received income support. But this ceased after his asylum application was rejected, and he remained resident.
Held: The legislation now made specific reference . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.185009