AT (Afghanistan) v Secretary of State for the Home Department

AT (Afghanistan) v Secretary of State for the Home Department

It is arguable that the Secretary of State failed to ask the correct question under the fresh claim test or, if she did, erred in concluding there was no real prospect that an immigration judge would accept the applicant's account as true, given the corroborative evidence and previous credibility findings.

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 From Upper Tribunal Decision
Outcome
Permission to appeal granted on one ground only
Legal Topics
Fresh Claim for Asylum, Conversion to Christianity, Risk on Return, Judicial Review, Evidential Assessment
Immigration Law Human Rights Law Fresh Claim for Asylum Conversion to Christianity Risk on Return Judicial Review Evidential 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 From Upper Tribunal Decision

Legal Issues

  1. 1 Whether the Secretary of State properly applied the fresh claim test under WM(DRC) v SSHD
  2. 2 Whether the Secretary of State considered all relevant evidence
  3. 3 Whether the Upper Tribunal erred in upholding the Secretary of State's decision

Ratio Decidendi

It is arguable that the Secretary of State failed to ask the correct question under the fresh claim test or, if she did, erred in concluding there was no real prospect that an immigration judge would accept the applicant's account as true, given the corroborative evidence and previous credibility findings.

Court Disposition

Permission to appeal granted on one ground only

Orders

  • Leave to appeal granted in relation to the ground that the Secretary of State may have failed to apply the correct test or misapplied it.