RB (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted March 16th, 2012 in asylum, evidence, expert witnesses, law reports by tracey

RB (Somalia) v Secretary of State for the Home Department: [2012] EWCA Civ 277;  [2012] WLR (D)  77

“Analysis of an asylum seeker’s speech carried out by a private Swedish company was admissible in asylum proceedings although the analysts were allowed to remain anonymous and the presentation of the evidence did not comply in a number of respects with practice directions for the immigration and asylum chambers of the First-tier and Upper Tribunals. The Upper Tribunal had a broad discretion with regard to the control of the evidence before it and had, within its case management powers, the power to waive non-compliance with a practice direction or a rule. Its obligation was to ensure that any expert report represented a genuine, objective view by those qualified to express it with sufficient reasoning and clarity to enable it to be challenged and assessed.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk