December 25, 2025
Our Immigration team is pleased to report a successful outcome before the First-tier Tribunal (Immigration and Asylum Chamber), where our client’s appeal against refusal of asylum was allowed. He has now been granted refugee status and five years’ leave to remain in the United Kingdom.
Overview
Our client appealed a decision of the Home Office refusing his protection claim. The central issue was whether he faced a real risk of persecution in his country of origin due to his and his family’s association with a political group.
The Respondent challenged the credibility of his account, including his claimed involvement with the political group, the profile of a close family member, and whether he would genuinely be at risk on return.
Legal Approach
As the claim was made after 28 June 2022, the Tribunal applied the two-stage statutory test under section 32 of the Nationality and Borders Act 2022, as clarified in JCK (s.32 NABA 2022) Botswana. The Tribunal first assessed whether there was a Convention reason (political opinion) and whether our client genuinely feared persecution for that reason. It then considered whether there was a reasonable likelihood of persecution, lack of sufficient state protection, and absence of a viable internal relocation alternative.
Key Findings and Outcome
The Tribunal made clear and positive credibility findings. It accepted that:
- A close family member held a high-profile position within the political group and was of adverse interest to the authorities in the country of origin;
- Our client had genuine links to that political group;
- In light of those links and the broader country evidence, there was a reasonable likelihood of persecution on return.
It was common ground that, if the core elements of the claim were accepted, there would be no sufficient protection available and no realistic option of internal relocation.
The appeal was therefore allowed on asylum grounds. This outcome underscores the importance of detailed evidence, careful credibility analysis, and a structured application of the current statutory framework in protection appeals.
We are proud to have secured refugee status for our client following a fully contested hearing. Our client has now been granted refugee status and five years permission to stay in the United Kingdom (UK).