AT (Afghanistan) v Secretary of State for the Home Department [2015] EWCA Civ 1105 (21 August 2015)

AT (Afghanistan) v Secretary of State for the Home Department [2015] EWCA Civ 1105 (21 August 2015)

It is arguable that the Secretary of State failed to apply the correct legal test in assessing whether the applicant's representations constituted a fresh claim, by not properly considering whether an immigration judge might accept the applicant's account as true in light of the corroborative evidence submitted.

Citation
[2015] EWCA Civ 1105
Parties
Claimant/applicant: AT (Afghanistan); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 August 2015
Procedural Posture
Judicial Review (immigration/asylum) / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal granted on limited ground
Legal Topics
Fresh Claim for Asylum, Conversion to Christianity, Risk on Return, Judicial Review, Credibility Assessment
Immigration Law Human Rights Law Fresh Claim for Asylum Conversion to Christianity Risk on Return Judicial Review Credibility Assessment

Case Brief

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Parties

AT (Afghanistan)

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration/asylum) / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State applied the correct legal test in assessing if new representations constituted a fresh claim under immigration law
  2. 2 Whether the Secretary of State properly considered all relevant evidence, including corroborative statements, in determining the credibility of the applicant's conversion to Christianity
  3. 3 Whether the Upper Tribunal erred in its assessment of the Secretary of State's decision and the application of relevant country guidance

Ratio Decidendi

It is arguable that the Secretary of State failed to apply the correct legal test in assessing whether the applicant's representations constituted a fresh claim, by not properly considering whether an immigration judge might accept the applicant's account as true in light of the corroborative evidence submitted.

Court Disposition

Permission to appeal granted on limited ground

Orders

  • Leave to appeal granted in relation to the ground that the Secretary of State may have failed to apply the correct legal test for a fresh claim.