Case summaries
UK - Immigration Appeals Tribunal, 9 June 2000, Smith v Secretary of State for the Home Department (Liberia) [2000] UKIAT 00TH02130
Country of applicant:
Liberia
Keywords:
Country of origin, Nationality
The issue of an applicant’s nationality is integral to a claim for refugee status. In the great majority of asylum applications the nationality of the applicant is not in issue, but when it is put in doubt decision-makers must address it. Failure to do so would offend the nationality logic that underlies the refugee definition set out in Art 1A(2). The burden of proof in respect of nationality is on the applicant although the evidential burden may shift.
Date of decision:
09-06-2000
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 4,UNHCR Handbook,Para 195,Para 196,Para 197,Para 88