Category: appeals

‘In a difficult case, Elisabeth Laing LJ allowed the appeal of “WAS” against the dismissal of his asylum claim by the Upper Tribunal owing to the fact that UTJ McWilliam “failed properly” to consider the factors relevant to WAS’s commitment to the notorious person of Altaf Hussain (founder of the Muttahida Qaumi Movement or “MQM”) and the effect on risk to him from the Pakistani authorities applying the historic judgment in HJ (Iran) v SSHD [2010] UKSC 31. The appeal was also allowed on the basis that the UT’s findings were contrary to the FTT’s preserved findings and contrary to the UT’s own conclusions. WAS entered the UK in June 2012 as student. In December 2015 he made an application for further leave to remain (as the spouse of a British citizen) which was refused in 2016. He then made a protection claim in October 2017 on the basis of his actual or perceived political opinion. He said that he was a member of the MQM, an opposition movement in Pakistan. The protection claim was refused in April 2018. The FTT dismissed his appeal in June 2018 and found that he was an active member of MQM in Pakistan for about 3 years from 2009 to 2012 and that his father is an active supporter of MQM. The FTT said that his credibility was damaged by the fact that he had not claimed asylum until October 2017 in circumstances where his political affiliations had not changed.’

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EIN Blog, 17th August 2023

Source: www.ein.org.uk