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Reported Case

GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC) (5 July 2013)

Date: 05/07/2013
Duncan Lewis, Reported Case Solicitors, GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC)

“…The Upper Tribunal’s new Country Guidance case, GJ, NT and MP (post-civil war: returnees) Sri Lanka [2013] UKUT 319 (IAC), was promulgated on the 5th July 2013. Duncan Lewis represented the Interested Party, Tamils Against Genocide (TAG), in the proceedings. TAG sought and was granted leave to intervene on behalf of issues concerning the Tamil diaspora in general. In respect of TAG’s involvement, the Tribunal notes at §12: ‘We are indebted to TAG for making available additional experts, evidence and argument which would not otherwise have been before us’.

This determination replaces all existing country guidance on Sri Lanka (TK Sri Lanka CG [2009] UKAIT 00049 ). The Tribunal has done away with the ‘risk factors’ approach in the previous CGs as well as various cases in the ECHR (The guidance in TK updated and incorporated country guidance given by the AIT in LP (LTTE area – Tamils - Colombo – risk?) Sri Lanka CG [2007] UKAIT 00076 and approved by the European Court of Human Rights (ECtHR) in NA v UK, No 25904/07 [2011] ECHR 1272, and more recently in E.G. v. The United Kingdom - 41178/08 [2011] ECHR 846). The approach now seems to be much more ‘fluid’. This CG will remain authoritative unless and until it is set aside on appeal or replaced by a subsequent Country Guidance determination…”

 

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