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

Immigration – Appeal. The Upper Tribunal (Immigration and Asylum Chamber) (the UT) had been unclear on what basis the adjudicator had made findings that the respondent had tortured and killed people as part of the Taliban and the UT had been entitled to depart from those findings and make its own assessment. Accordingly, the Court of Appeal, Civil Division, dismissed the appellant Secretary of State's appeal against the UT's decision allow the respondent's appeal against the Secretary of State's decision to cancel his indefinite leave to remain.

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