J1 v Secretary of State for the Home Department [2013] EWCA Civ 279, [2013] All ER (D) 283 (Mar)
It was established law that: (i) in cases where the claimant sought asylum or a right to remain in the UK on human rights grounds, the court or tribunal had to determine that claim on the basis of current evidence; (ii) where the claim was based upon dangers confronting the claimant in their home state, that determination involved an assessment of what would happen, or what there was a real risk of happening, in the future; (iii) in determining the claim the court or tribunal would take into account any undertaking or assurance given by the secretary of state, in so far as it was relevant to the issues under consideration; (iv) such an assurance or undertaking could not cut down the legal protection to which the claimant was entitled; (v) if the route or method of return was unknown, the court or tribunal might in appropriate cases leave that matter for later decision by the secretary of state, and if the secretary of state failed to address the