The appellant whose account is dismissed in the First Tier Tribunal for want of belief in their evidence can face an uphill struggle to show that the disbelief of the judge is wrong.
In the asylum case of TS, the appellant’s appeal was dismissed by the First Tier Tribunal upon this basis.
Mr Erum Waheed , who is one of 12 Old Square Chambers’ experienced immigration counsel, obtained permission to appeal that decision upon the basis that many of the findings of the First Tier Tribunal for disbelieving the appellant were arguably demonstrably wrong.
Before the Upper Tribunal, Erum Waheed established that the First Tier Tribunal’s negative assessment of the appellant’s evidence disclosed enough errors to render their decision unsustainable.
The Upper Tribunal ordered for the appellant to have a fresh hearing.
You can read a copy of the Upper Tribunal’s determination and reasons for doing so are in this link here:
