Case Law

23 September 2021 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Burden of proof - Credibility assessment - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Somalia - South Africa

For UNHCR’s intervention at the district court level, see the Brief of the United Nations High Commissioner for Refugees as Amicus Curaie in Support of Plaintiff’s Cross-Motion for Summary Judgment in case Grace, et. al., Plaintiffs, v. Jefferson Beauregard Sessions III, in his Official Capacity as Attorney General of the United States, et. al., Defendants. For UNHCR’s intervention in this case, see Brief of Amicus Curiae United Nations High Commissioner for Refugees in Support of Plaintiffs-Appellees in case Grace, et. al., Plaintiffs-Appellees, v. William P. Barr, Attorney General, et. al., Defendants-Appellants. From the Court: "Twelve asylum seekers challenge a host of executive-branch policies adopted to implement the expedited-removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), [...]. Broadly speaking, the challenged policies concern how asylum officers determine whether an alien has demonstrated a “credible fear” of persecution, a threshold showing that permits an alien who would otherwise be immediately deported to seek asylum in the United States. The asylum seekers principally argue that the policies raise the bar for demonstrating a credible fear of persecution far above what Congress intended and that the Attorney General and various agencies violated the Administrative Procedure Act (APA), [...] by failing to adequately address important factors bearing on the policies’ adoption. Largely on these grounds, the district court found the policies inconsistent with IIRIRA, the Immigration and Nationality Act (INA), [...] seq., and the APA, and enjoined their enforcement. For the reasons set forth in this opinion, we affirm in part and reverse in part."

20 May 2021 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Topic(s): Agents of persecution - Burden of proof - State protection | Countries: United States of America

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 | Topic(s): Burden of proof - Effective remedy - Expulsion - Withdrawal of nationality | Countries: Tanzania, United Republic of

11 September 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | 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

13 October 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | 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

8 September 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): Burden of proof - Crimes against humanity - Exclusion clauses | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

20 February 2015 | Judicial Body: Canada: Federal Court | Topic(s): Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Roma - State protection | Countries: Canada - Hungary