Home > Cases > JK (Democratic Republic of the Congo) v SSHD – [2007] EWCA Civ 831

The Court of Appeal upheld the appeal of JK against a decision of the Asylum and Immigration Tribunal that an Immigration Judge who heard his first instance appeal had made an error of law. The AIT had held that the Immigration Judge’s finding that the Appellant was credible in his account of persecution in the DRC was flawed by reason of his failure to deal with two points raised in the Refusal letter, notwithstanding that those points had not been pursued by the Presenting Officer at the hearing. Overturning that finding, and reinstating the determination of the Immigration Judge allowing the appeal, Toulson LJ said:

When a judge is presented with a refusal letter on which the representative for the respondent relies, it cannot be in my judgment incumbent on him to pursue each and every point in it regardless of whether it has been actively pursued by the presenting officer.

The successful Appellant asylum seeker was represented by Tim Buley.

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