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D (Afghanistan) v Secretary of State for the Home Department

The Asylum and Immigration Tribunal had been wrong to conclude that an adjudicator had erred in law by failing to take into account medical evidence of scarring on an asylum seeker.

13 October 2006

The appellant asylum seeker (D) appealed against the decision of the Asylum and Immigration Tribunal dismissing his appeal against the respondent secretary of state’s refusal of his claim for asylum. D, who was an Afghan national, had claimed asylum on the grounds that he had a well founded fear of mistreatment and torture if returned to Afghanistan. An adjudicator dismissed his appeal on the basis that D’s claims of torture were not credible and his story was implausible. On appeal, the tribunal held that the adjudicator had erred in law in failing to take account of medical evidence of scarring on D’s genitals, but held that the adjudicator had been entitled to impugn D’s credibility and disbelieve that he was tortured. D contended that the tribunal had identified an error of law and should not have concluded that the error did not vitiate the conclusion of the adjudicator. The secretary of state submitted that the tribunal was wrong to conclude that the adjudicator had er...

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