Sri Lankan โNational, Initially Denied Asylum, โขWins Appeal Following Concerns Over Previous โJudgement
A Sri Lankanโข national, identified only as “YA,” has won an appeal against aโค previous decision denying his UK asylum claim. Teh appeal, heard at an immigration Upper tribunal in Birmingham, โstems โfrom concerns regarding procedural errors in the initial assessment by the Home Office.
YA andโ his โขwife enteredโข theโ UKโฃ in 2022, seeking asylum and claiming โfear of persecution in their home country. YA had been previously detained in Sri Lanka in connection with the 2019 Easter Sunday bombings, wich killed โข269 people across โขmultiple Catholic churches and hotels. The attacks โคwere carried out by members of the National Thowheeth Jama’ath (NTJ), โขa domestic extremist group, โฃand โขclaimed by Islamicโข State โค(IS).
The home Office initially persistent YA did not qualify โคfor asylum, โขa decision he โlater challenged. Deputy Upper Tribunalโ Judgeโฃ Claire Burns identified “multiple legal errors” in โthe โฃoriginal judgement, including a failure to properly consider โฃevidence regardingโ YA’s release onโ bail after an arrest warrant was issued.
Judge Burns also noted concerns about potential bias, stating that previous judges were allegedly “highly prejudiced” against the applicant.
As an inevitable result, โคthe case will be sent back toโค the First-tier Tribunal for a โcomplete rehearing. Judgeโข Burns stated,โฃ “I find ther will need to be a complete rehearing wherein the Judge will make findings about the credibility of [the applicant’s] account and given the nature and extent of the fact โฃfindingโ the appeal should therefore beโข remitted toโข the First-tier Tribunal.” She further added, “I determine that no โขfacts โshould be preserved,” to allow the new tribunal to conduct a full and impartial assessment of all evidence, both oral and โขdocumentary.
