MCB, applicant

Immigration – Asylum – Permission to appeal against decision of Upper Tribunal. Court of Session: Granting an application for permission to appeal against a decision of the Upper Tribunal (UT) by a citizen of Cameroon, whose asylum claim based on her fear of being subjected to forced marriage and female genital mutilation if returned to Cameroon was refused by the Home Secretary and whose appeal against that decision was allowed by the First Tier Tribunal (FTT), the UT subsequently allowing the Home Secretary's appeal and refusing permission to appeal to the Court of Session, the court held that in the light of counsel for the respondent's concession as to the test the UT should apply in deciding whether to grant or refuse permission to appeal the applicant could argue that the UT's reasoning was defective in that it refused permission to appeal on the basis of the second appeals test, and the grounds she put forward had reasonable prospects of success on the basis that the UT misapplied the criteria for determining whether the FTT's reasoning was inadequate.

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