This is an asylum case
This man fled Zaire. His claim for asylum was thrice rejected. He complained that the adjudicator had been unfair.
”A reasonable degree of likelihood of persecution if returned”’ was the standard needed to grant asylum as laid down in prior cases.
The adjudicator had not referred to a standard of proof. A hearing was needed de novo
There was a misdirection of law
One must look not just at history but at the possibility of future persecution
Kaja was granted a fresh hearing
Decision makers must take into account evidence of various categories
1. evidence that is certain
2. evidence that is probable
3. evidence that if possible
4. evidence that is false.