Source: All England Reporter
Publisher Citation: [2003] All ER (D) 289 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Pill, Latham LJJ and Morland J

Representation Stephanie Harrison (instructed by Luqmani Thompson & Partners) for the applicant.
  Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 20 February 2003

Catchwords

Immigration - Asylum - Refusal of application - Refusal in part on grounds of applicant presenting forged document - Where burden of proof that document forged lay.

The Case

The general approach in an asylum case was that where there was an apparently genuine document said to be a forgery, the evidential burden was on the Secretary of State to undermine the authenticity of that document. However, it was important to bear in mind the exercise on which the court or tribunal was engaged. In the instant case, a special adjudicator had been correct in his reasoning that an identity card which was patently flawed and apparently not genuine could be used to support his reasoning that he did not believe the applicant's case.

Practice Areas

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