All Articles: Evidence

In WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894, the Court of Appeal has given guidance on the lower standard of proof in asylum appeals. WAS claimed to be at risk because of his involvement with MQM-London, a UK-based faction of a Pakistani political...

31st July 2023
BY Deborah Revill

The Court of Appeal has granted refugee status in a case turning on the credibility of the appellant’s evidence. MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 provides helpful guidance on the standard of proof in asylum claims, credibility and the role of the...

1st March 2023
BY Josie Laidman

A judgment in the Court of Appeal confirms that a country’s permission needs to be properly sought before video link evidence can be heard from someone in that country. The case is Raza v Secretary of State for the Home Department [2023] EWCA Civ 29.  The First-tier Tribunal considered, separately from...

20th January 2023
BY Josie Laidman

Immigration appeals can last a long time: often years and years. What happens when things change during the appeal? This is the question answered by the Upper Tribunal in Akter (appellate jurisdiction; E and R challenges) [2021] UKUT 272 (IAC). The main take away from this case is: don’t appeal to...

16th November 2021
BY Iain Halliday

In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion judicial reviews. Unlawful refusal to accept Syrian asylum seeker The case was about an unaccompanied minor from Syria who had...

13th October 2021
BY Jed Pennington

The Upper Tribunal in QC (verification of documents; Mibanga duty) China [2021] UKUT 33 (IAC) has given useful guidance on how to approach documentary evidence submitted by asylum appellants.  The tribunal has also clarified the circumstances in which Home Office must make enquiries to verify an appellant’s documentary evidence before...

23rd February 2021
BY Larry Lock

Arshad Bano’s appeal for leave to remain in the UK on human rights grounds was listed for 13 December 2018, with documents to be submitted no later than five days in advance. She provided a statement on 10 December, a couple of days late. In response, the Home Office sought...

2nd April 2020
BY CJ McKinney

The Court of Appeal has taken a restrictive approach to the admission of new evidence before the Upper Tribunal that was not available before the First-tier Tribunal. The case is Kabir v Secretary of State for the Home Department [2019] EWCA Civ 1162. In Kabir, the First-tier Tribunal had refused...

16th July 2019
BY Alex Schymyck

In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has been made subject to an order for deportation. It is adapted from our full online training course on deportation law, available to Free Movement members....

10th September 2018
BY Nick Nason

In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the Police and Criminal Evidence Act 1984 (PACE) to immigration officers exercising powers of “pastoral” interview. PACE is the law which safeguards the rights of those...

27th March 2018
BY Ruslan Kosarenko

In MF (Albania) v SSHD [2014] EWCA Civ 902, the Court of Appeal considered and upheld the criticisms of the appellant’s country expert made by the Upper Tribunal. In doing so, the Court appeared to disapprove of the practice of instructing expert witnesses to comment on particular findings made by...

10th July 2014
BY Bijan Hoshi

In a new case called NA (UT rule 45: Singh v Belgium) Iran [2014] UKUT 205 (IAC), heard by the President and Dr Storey, the Upper Tribunal has perhaps inadvertently posed a number of problems for practitioners. The issues are all quite distinct, making the case something of a legal chimera. One...

9th May 2014
BY Colin Yeo

In a handy case that arrived just after I’d finished a Court of Appeal skeleton on the same subject, Mr Justice McCloskey has delivered another of his characteristically interesting determinations. This one is MM (unfairness; E & R) Sudan [2014] UKUT 105 (IAC), on the subject of procedural fairness amounting...

19th March 2014
BY Colin Yeo

In one of the earliest cases of the year, Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2, the Court of Appeal has overturned the decision of the Upper Tribunal under the new president McCloskey J, Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC).

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29th January 2014
BY Sonali Naik

Where an immigration official alleges that a document used in an application is false or forged, a ‘Document Verification Report’ (DVR) is routinely prepared. This report states the reasons why immigration officials believe the document is false. It is vital that an applicant suspected of deception can answer the charge,...

5th November 2013
BY Colin Yeo

Family lawyers and courts are blazing a bit of a trail with use of Skype technology for hearing low cost evidence from abroad. In the recently reported case of Re ML (Use of Skype Technology) [2013] EWHC 2091 (Fam) Mr Justice Peter Jackson reports on two recent uses of Skype for...

18th September 2013
BY Colin Yeo

An interesting case on the use of electronic means (telephone, video link, Skype, Morse, that sort of thing) has been determined in North Shields. As the tribunal comes close to saying, it is serendipitous that it should be here where this issue would arise again, after the notorious case of...

24th November 2011
BY Colin Yeo
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