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United Kingdom / Upper Tribunal, Immigration and Asylum Chamber / [2014] UKUT 205 (IAC)

NA v Secretary of State for the Home Department

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
United Kingdom / Upper Tribunal (Immigration and Asylum Chamber)
Decision date:

Key facts of the case:

Appeal on a point of law for rejection of an asylum claim. The Appellant was an Iranian Kurd who claimed that he would face torture, inhuman and degrading treatment or punishment in Iran if returned because of race and imputed political opinion. The Appellant claimed involvement in Democratic Party of Iranian Kurdistan (KDPI). The Appellant claimed that the first tier tribunal had a duty to take positive steps to confirm the authenticity of certain documents on which the Appellant relied in support of his case (a summons to attend court and a medical report) and had erred in law in failing to perform this duty. The Appellant relied on the case of Singh and Others v Belgium from the ECtHR – Belgian Aliens Disputes Board had failed to investigate the authenticity of documents presented to it. The ECtHR insisted on the fact that, given the importance it gives to Article 3 and the irreversible nature of the harm likely to be caused in case of the realisation of the risk of ill treatment, it is the responsibility of the national authorities to show that they are as rigorous as possible and carry out a careful investigation of the grounds of appeal drawn from Article 3 without which the appeals lose their efficiency.