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Court of Appeal ruling in relation to standard of proof applicable to the determination of a ‘stateless person’ as per 1954 Convention

AS (Guinea) v SSHD [2018] EWCA Civ 2234

Related Member(s):
Chris Buttler QC, Ayesha Christie
Related Practice Area(s):
Immigration, Asylum and Free Movement

This is an appeal against the decision of the Upper Tribunal (Immigration) refusing an appeal in relation to the revocation of a deportation order issued on 12 Feb 2009. The appeal raises two points of principle: first, the standard of proof applicable to the determination of whether a person qualifies for the status of a stateless person as defined in the 1954 Convention relating to the Status of Stateless Persons; and secondly, the relevance of a finding that a person is stateless to an assessment carried out pursuant to the Immigration Rules, para 390A.

The Court dismissed the appeal.

Chris Buttler and Ayesha Christie were involved in this case.