NS (Iran) v SSHD

NS (Iran) v SSHD

The tribunal was entitled to make adverse credibility findings without itself questioning the applicant, as the applicant was aware of the credibility issues and had the opportunity to address them. The Surendran guidelines do not require the tribunal to adopt an inquisitorial role in these circumstances.

Parties
Appellant: NS (IRAN); Respondent: SSHD
Jurisdiction
England and Wales
Judgment Date
23 July 2009
Procedural Posture
Asylum Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Asylum, Credibility Assessment, Tribunal Procedure
Immigration Law Asylum Credibility Assessment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

NS (IRAN)

Appellant

SSHD

Respondent

Procedural Posture

Asylum Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the tribunal erred in making adverse credibility findings without questioning the applicant in the absence of a Home Office presenting officer
  2. 2 Whether the tribunal failed to follow the Surendran guidelines regarding inquisitorial role

Ratio Decidendi

The tribunal was entitled to make adverse credibility findings without itself questioning the applicant, as the applicant was aware of the credibility issues and had the opportunity to address them. The Surendran guidelines do not require the tribunal to adopt an inquisitorial role in these circumstances.

Court Disposition

application refused

Orders

  • Application for permission to appeal refused