The appellant appealed against the adjudicator’s rejection of his claim for asylum saying his evidence was incredible.
Held: The adjudicator’s decision was unsustainable. His recording of the evidence had been inadequate: ‘he ought as a matter of good practice to summarise at least the material parts of the evidence which he has heard so as to enable an informed reader to ascertain the nature and content of that evidence, and also to enable him to be satisfied that the adjudicator has directed his mind properly to the material aspects of the evidence. In general, it is not sufficient for an adjudicator merely to record that a witness has relied on his or her witness statement, although there may be particular circumstances in which that would suffice, e.g. where the evidence in question relates to facts which are not in dispute between the parties, or which are irrelevant to the issues on which the outcome of the appeal will turn. ‘
Citations:
[2004] UKIAT 00230
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 11 June 2022; Ref: scu.200579