MN (Sri Lanka) v Secretary of State for the Home Department

Immigration – Asylum seeker. The appellant's request for asylum had been refused by the respondent Secretary of State. The First-tier Tribunal (Immigration and Asylum Chamber) dismissed his appeal as it did not accept that the appellant had been detained by the authorities in Sri Lanka in the manner and for the reasons he had given. It further considered that he would no longer be a person of interest to the authorities if he were returned. That decision was upheld by the Upper Tribunal. The Court of Appeal, Civil Division, held that it was not possible to say that the FTT had been perverse or erred in law in not accepting the appellant's account as credible when there was no evidence about when or where the injuries that he had sustained had taken place. Further, the FTT had been entitled on the evidence before it to conclude that he was no longer of interest to the authorities.

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