In the recent case of QY (Vietnam) v Secretary of State for the Home Department, the Court of Appeal provided important guidance on how credibility assessments should be handled in asylum claims.

The Appellant, a Vietnamese national, sought asylum in the UK on grounds of persecution due to his refusal to serve in the military as part of conscription. While the First-tier Tribunal (“FTT”) found him credible and allowed his appeal, it did so despite acknowledging significant concerns regarding the lack of supporting evidence.

The Secretary of State challenged this decision, and the Upper Tribunal set it aside, citing inadequate reasoning. The Court of Appeal agreed, finding that the FTT had failed to properly explain how concerns over the Appellant’s credibility had been overcome, even with the lower standard of proof applicable in asylum cases.

This decision underscores the importance of clear, consistent, and well-reasoned credibility findings in asylum and human rights appeals. It also highlights the crucial role of experienced legal representation in navigating the complexities of UK immigration law.

How Gherson can assist

At Gherson, we specialise in complex asylum and immigration appeals. Our team has extensive experience in presenting compelling evidence, addressing credibility issues and ensuring that every aspect of your case is clearly and effectively argued.

Whether you are facing a first-time application or seeking to challenge a tribunal decision, we are here to provide expert legal support every step of the way.

If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail or, alternatively, follow us on X, Facebook, Instagram or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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