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Ali Barikzai v Secretary of State for the Home Department

A contention that the Asylum and Immigration Tribunal had erred because it had not given adequate reasons for rejecting an asylum-seeker’s account of events was an inadequate basis for asserting that the tribunal had erred. Where reasons had been given, the essential question was whether the decision was one to which no reasonable tribunal could sensibly have come.

2 June 2006

The appellant asylum seeker (B) appealed against a decision of the Asylum and Immigration Tribunal dismissing his asylum claim. B, who was a national of Afghanistan, had claimed that his father had been a Taliban official and that following the overthrow of the Taliban his father and brother were arrested by the authorities and that their bodies had later been found bearing evidence of torture. B claimed that his photograph had appeared in a national paper indicating that he was wanted by the authorities. B fled to the UK and sought asylum, as he feared he would suffer the same fate as his father and brother. His claim was refused and an adjudicator dismissed his appeal on the basis that as he was not found to be credible in other respects, namely his account of events, and the copy of the newspaper article that he had produced could not be relied upon. The tribunal dismissed his appeal, as it did not accept that B’s evidence was credible. B argued that the tribunal had erred as i...

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