IAT i If an appellant challenges a decision of the Secretary of State to revoke a refugee’s indefinite leave to remain because he has ceased to be a refugee for one of the reasons given in section 76(3) of the Nationality, Immigration and Asylum Act 2002 then the Secretary of State must prove that such a reason existed and in so doing must rely only on an action that took place after the section came into force on 10 February 2003.
ii If an appellant seeks to argue that the action relied on by the Secretary of State did not have its presumed or likely effect the Immigration Judge is entitled to look at evidence tending to illuminate the appellant’s conduct, including evidence of actions before the section came into force.
iii An appellant can rely on a ground of appeal alleging that he is in fact a refugee when the Immigration Judge hears an appeal even if the respondent establishes that the appellant had ceased to be a refugee.
Citations:
[2007] UKAIT 00066
Links:
Immigration
Updated: 11 July 2022; Ref: scu.258620