RM (Sierra Leone) v Secretary of State for the Home Department

Immigration – Deportation. The Upper Tribunal (Immigration and Asylum Chamber) dismissed an appeal against a decision of the First-tier Tribunal (Immigration and Asylum Chamber), which dismissed the appellant's appeal against the refusal by the respondent Secretary of State to revoke a deportation order. The Court of Appeal, Civil Division, in dismissing the appellant's appeal, held that, if the question of an applicant's nationality was relevant to whether he would suffer persecution, the lesser standard of a reasonable likelihood would apply. However, if it was relevant to some other issue, such as whether it was, in fact, possible in practice for him to be returned, and any rights that might accrue if it was not, the standard was the balance of probabilities.

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