The question of wider importance raised on this appeal is whether rule 334(i) of the Immigration Rules requires an applicant for asylum in the United Kingdom to be present in the country at the time of the decision on the application.
1. Whether there has been a change of conditions in Burma to justify a departure from the country guidance in TS.
2. Second, whether this appellant is reasonably likely to be at prospective risk in Burma, given his particular political profile and likely political activities in Burma, in light of TS and / or the updated country conditions.
3. Third, and in the alternative, whether the appellant would be unable to renew his passport or obtain a certificate of identity (‘CoI’) from the Burmese Embassy, with the result that he would be detained on return to Burma.
The ‘Credibility Indicators’ identified in the Home Office Asylum Policy Instruction, Assessing credibility and refugee status Version 3.0, 6 January 2015 provide a helpful framework within which to conduct a credibility assessment. However, any reference to a structured approach in relation to the subject matter of credibility assessment must carry a number of important (interrelated) caveats [...] Consideration of credibility in light of such indicators, if approached subject to the [..] caveats, is a valid and useful exercise, based squarely on existing learning.
