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28/02/2023
Kathryn Howarth appeared in the Court of Appeal (King LJ, Singh LJ and Warby LJ) and represented the Secretary of State for the Home Department (“SSHD”) in an appeal against a decision made by the Upper Tribunal, which turned on the Upper Tribunal’s analysis of the Appellant’s credibility in relation to his claim for asylum and international protection. The Appellant feared persecution from the Muslim Brotherhood should be returned to Egypt. On the particular facts of the case, the Court of Appeal ruled that the Upper Tribunal had applied too higher a standard of proof on the facts, albeit it had properly directed itself as to the applicable law and only some but not all of the grounds of appeal were made good.
Copy of the Judgment can be found here.