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New tribunal case on burden and standard in refugee exclusion cases

New tribunal case on burden and standard in refugee exclusion cases

New(ish) tribunal case on burden and standard in refugee exclusion cases. The official headnote:

In every case involving exclusion of protection under Article 1F of the Refugee Convention, the onus of proof is on the Secretary of State, a detailed and individualised examination of the facts is required, there must be clear and credible evidence of the offending conduct, and the overall evaluative judgment involves the application of a standard higher than suspicion or belief.

Source: Al – Sirri (Asylum – Exclusion – Article 1F(c)) Egypt [2016] UKUT 448 (IAC) (17 August 2016)

Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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