JA (Afghanistan) v Secretary of State for the Home Departement

Immigration – Asylum seeker. The Upper Tribunal (Immigration and Asylum Chamber) (the UT) allowed the claimant's appeal on one ground and failed to consider the second. The claimant appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the UT had plainly failed to deal with the second point, concerning the principles to be derived from R (on the application of Dirshe) v Secretary of State for the Home Department ([2005] All ER (D) 259 (Apr)), at all. It was not a foregone conclusion that the UT would decide that answers given by the claimant in his initial and screening interviews could properly be given the degree of weight which the First-tier Tribunal (Immigration and Asylum Chamber) had given them.

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