Landmark Chambers


Court of Appeal gives important guidance on the approach to the evidence of vulnerable witnesses and appellants in the Upper Tribunal

DATE: 28 Jul 2017

The Court of Appeal (the Senior President of Tribunals, Gross and Underhill LJJ) has handed down judgment in AM (Afghanistan) v. Secretary of State for the Home Department [2017] EWCA Civ 1123. The case gives important guidance on the approach in law and in practice in the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber) to the fair determination of asylum claims from children, young adults and other incapacitated or vulnerable persons whose ability to participate effectively in proceedings might be limited. The Court considered the adequacy and application of existing guidance on the matter. It also considered whether there was power within the Procedure Rules to appoint a litigation friend. It held that there was.

A copy of the judgment can be found here.  

David Blundell represented the Lord Chancellor and the Secretary of State for the Home Department.