MMY v Secretary of State for the Home Department

Immigration – Asylum – Removal – Persecution for reasons of religion. Court of Session: Allowing an appeal by a Chinese national whose asylum claim based on fear of persecution in China for reasons of religion was refused by the respondent Home Secretary, and whose appeals were refused by the First Tier Tribunal and Upper Tribunal ('UT'), the court held that the UT had erred as it was required to give two sources of evidence, an expert report and the respondent's Country Information and Guidance, careful consideration and to demonstrate in its reasoning what the result of that consideration had been, however, it did not do so: furthermore the UT had not demonstrated that it had regard to the principle to be derived from HJ (Iran) v Secretary of State for the Home Department.

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