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Free Movement: Court of Appeal overturns Country Guidance case on Zimbabwe

Summary

EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) overturned after SSHD agreed that the determination was too legally flawed to stand

By EIN
Date of Publication:
16 July 2012

The existing Country Guidance case on Zimbabwe, EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC), was overturned by the Court of Appeal on June 13th, Colin Yeo of Renaissance Chambers has reported in his Free Movement blog.

According to Free Movement, there is no judgment as such because the appeal was allowed by consent. The Secretary of State is said to have agreed that the determination was too legally flawed to stand.

Free Movement states: "The grounds of appeal were particularly strong: that the tribunal had wrongly relied on completely anonymous evidence where the identity of the source was unknown even to the tribunal and therefore immune from any meaningful evaluation and that the Secretary of State had failed to disclose relevant evidence from the Foreign and Commonwealth Office suggesting that the situation in Zimbabwe was likely to deteriorate again as elections approach."

Free Movement has more here and a copy of the consent order and statement of reasons is available here.

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