KD v Secretary of State for the Home Department [2026] EWCA Civ 349 (23 March 2026)

KD v Secretary of State for the Home Department [2026] EWCA Civ 349 (23 March 2026)

The First-tier Tribunal's decision that KD was not a danger to the community was perverse and not reasonably open to it, given the gravity of the offence and the ongoing risk assessments. The Tribunal failed to properly apply the Devaseelan guidelines, did not treat the previous adverse credibility findings as authoritative, and gave undue weight to new evidence that was not materially different. The Upper Tribunal failed to correct these errors. As a result, KD's asylum and human rights claims based on imputed political opinion are dismissed, and the issue of blood feud is remitted for fresh determination.

Citation
[2026] EWCA Civ 349
Parties
Respondent/claimant: KD; Appellant/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
23 March 2026
Procedural Posture
Appeal (immigration/asylum) / Court of Appeal Judgment on Appeal From Upper Tribunal
Outcome
Appeal allowed; First-tier Tribunal and Upper Tribunal decisions set aside; asylum and human rights claims based on political opinion dismissed; blood feud claim remitted to Upper Tribunal for expedited reconsideration.
Legal Topics
Asylum, Deportation of Foreign Criminals, Refugee Convention Article 33(2), Section 72 Nationality, Immigration and Asylum Act 2002, Danger to the Community, Devaseelan Guidelines, Credibility Assessment, Blood Feud Claims, Internal Relocation, Humanitarian Protection
Immigration Law Human Rights Law Refugee Law Asylum Deportation of Foreign Criminals Refugee Convention Article 33(2) Section 72 Nationality, Immigration and Asylum Act 2002 Danger to the Community +5 more

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Parties

KD

Respondent/claimant

Secretary of State for the Home Department

Appellant/defendant

Procedural Posture

Appeal (immigration/asylum) / Court of Appeal Judgment on Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in finding KD was not a danger to the community under s.72 NIAA 2002 and Article 33(2) Refugee Convention
  2. 2 Whether the First-tier Tribunal misapplied the Devaseelan guidelines in reassessing credibility and new evidence
  3. 3 Whether the First-tier Tribunal erred in its approach to documentary evidence, particularly the arrest warrant

Ratio Decidendi

The First-tier Tribunal's decision that KD was not a danger to the community was perverse and not reasonably open to it, given the gravity of the offence and the ongoing risk assessments. The Tribunal failed to properly apply the Devaseelan guidelines, did not treat the previous adverse credibility findings as authoritative, and gave undue weight to new evidence that was not materially different. The Upper Tribunal failed to correct these errors. As a result, KD's asylum and human rights claims based on imputed political opinion are dismissed, and the issue of blood feud is remitted for fresh determination.

Court Disposition

Appeal allowed; First-tier Tribunal and Upper Tribunal decisions set aside; asylum and human rights claims based on political opinion dismissed; blood feud claim remitted to Upper Tribunal for expedited reconsideration.

Orders

  • Set aside all findings of the First-tier Tribunal and Upper Tribunal.
  • Dismiss asylum claim and human rights claim based on political persecution.