Kaja v Secretary of State for the Home Department 1995

Standard

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.

 Stare decisis

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.

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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