Burden / standard of proof / Burden of proof

In the instant case, the Applicant maintains that he is of Tanzanian nationality, which is being contested by the Respondent state. ln the circumstance, it is necessary to establish on whom lies the burden of proof. lt is the opinion of the Court that, since the Respondent State is contesting the Applicant's nationality held since his birth on the basis of legal documents established by the Respondent State itself, the burden is on the Respondent state to prove the contrary.

22 August 2018 | Judicial Body: African Court on Human and Peoples' Rights | Document type: Case Law | Topic(s): Burden of proof - Effective remedy - Expulsion - Withdrawal of nationality | Countries: Tanzania, United Republic of

20 February 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

4 October 2017 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

11 September 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Benefit of the doubt - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Refugee status determination (RSD) / Asylum procedures - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

4 August 2017 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Policy/Position Papers

13 October 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses | Countries: United Kingdom of Great Britain and Northern Ireland