ASO (Iraq) v Secretary of State for the Home Department
[2023] EWCA Civ 1282
KG (Turkey) v The Secretary of State for the Home Department
1 December 2022
[2022] EWCA Civ 1578
Court of Appeal
KG claimed asylum late. The first court believed him, but didn't explain why the late claim was okay. The second court said the first court's explanation was bad and refused his asylum claim. The highest court agreed with the second court, saying the first court had to give better reasons for its decision.
Key Facts
- •KG (Turkey) appealed a decision of the Upper Tribunal (UT) dismissing his asylum claim.
- •KG's asylum claim was based on his alleged association with the Gulenist Movement (GM) in Turkey.
- •KG delayed making his asylum claim until after his human rights appeal was dismissed and he faced deportation.
- •The SSHD argued that the delay damaged KG's credibility.
- •The FtT allowed KG's appeal, but the UT set aside the decision due to a lack of adequate reasoning regarding the delay.
- •The UT judge re-heard the appeal and dismissed it, finding KG's explanation for the delay unconvincing.
Legal Principles
A deciding authority must take into account any behavior specified in section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 when assessing a claimant's credibility.
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, section 8
Section 8 factors are part of an overall credibility assessment and should not be considered in isolation.
JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878
Tribunals must provide adequate reasons for their decisions; failure to do so constitutes an error of law.
This case's judgment
Outcomes
The Court of Appeal dismissed KG's appeal.
The FtT failed to adequately address the SSHD's concerns about the delay in KG's asylum claim, constituting a material error of law. The UT was justified in setting aside the FtT's decision.
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