Case Law

1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 ('the 2002 Act'), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite the decisions of the Court of Appeal in AS (Afghanistan) v SSHD [2013] EWCA Civ 1469 and SSHD v MS (Pakistan) [2018] EWCA Civ 594. 2. The correct approach to determining whether a person claiming to be a victim of trafficking is entitled to asylum is to consider all the evidence in the round as at the date of hearing, applying the lower standard of proof. 3. Since 20 October 2014, there is also no right of appeal on the basis that a decision is not in accordance with the law and the grounds of appeal are limited to those set out in the amended s 82 of the 2002 Act.

29 October 2018 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Social group persecution - Standard of proof - Trafficking in persons | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

The appeal raises two points of principle: first, the standard of proof applicable to the determination of whether a person qualifies for the status of a stateless person as defined in the 1954 Convention relating to the Status of Stateless Persons ("the 1954 Convention”); and secondly, the relevance of a finding that a person is stateless to an assessment carried out pursuant to paragraph 390A of the Immigration Rules.

12 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Proof of nationality - Standard of proof - Statelessness | Countries: Guinea - United Kingdom of Great Britain and Northern Ireland

16 December 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Illegal immigrants / Undocumented migrants - Standard of proof | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

10 December 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Credibility assessment - Rule of law / Due process / Procedural fairness - Standard of proof | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

9 December 2014 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Credibility assessment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Standard of proof | Countries: Belgium - Senegal

Petition for review granted on grounds that both the Immigration Judge and the BIA applied the wrong legal standard ("The immigration judge made a clear legal error by concluding that the 'facts do not compel a finding that [the applicant] suffered past persecution'”.), and case remanded for further proceedings.

20 May 2013 | Judicial Body: United States Court of Appeals for the Seventh Circuit | Countries: Moldova, Republic of - United States of America

1 May 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

28 March 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

13 January 2012 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Administrative law - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution - Standard of proof | Countries: Iran, Islamic Republic of - Netherlands

27 August 2010 | Judicial Body: New Zealand: Supreme Court | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Crimes against humanity - Exclusion clauses - Serious non-political crime - Standard of proof - Tamil | Countries: New Zealand - Sri Lanka