AB (Article 1F(A) – Defence – Duress : Iran): UTIAC 22 Jul 2016

1. In response to an allegation that a person should be excluded under Article 1F(a) of the Refugee Convention because there are serious reasons for considering that the person has committed a crime against peace, a war crime or a crime against humanity as defined in the Rome Statute, there is an initial evidential burden on an appellant to raise a ground for excluding criminal responsibility such as duress.
2. The overall burden remains on the respondent to establish that there are serious reasons for considering that the appellant did not act under duress.

Citations:

[2016] UKUT 376 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 31 January 2022; Ref: scu.569345