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

Immigration – Leave to enter. The appellant Afghan national was refused asylum under on the basis that he had been complicit in war crimes in Afghanistan, but he was granted leave to remain. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, held that the Asylum and Immigration Tribunal would plainly have come to the same conclusion if it had, in fact, applied the standard of proof set out in Al-Sirri v Secretary of State for the Home Department; DD (Afghanistan) v Secretary of State for the Home Department ([2013] 1 All ER 1267) rather than Gurung v Secretary of State for the Home Department ([2002] UKIAT 4870).

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