TB v The Secretary of State for the Home Department [2017] UKAITUR PA112572016 (26 September 2017)

This case involved an Afghan minor. He arrived in the UK in February 2016 and claimed asylum on the basis that he would be at risk on return from the Taliban due to his brother being a governor of a district in Takhar Province of Afghanistan. The Home Office accepted a number of facts in the claimant’s claim, for instance, his brother’s position within the government, that his younger brother had been kidnapped by the Taliban but nonetheless refused the claim on the basis that the claimant would be able to relocate to Kabul as per the country guidance case of AK (article 15 (c ) Afghanistan [2012] UKUT 00163 (IAC).

Gabor Nagy, Immigration Solicitor at Duncan Lewis, then appealed the decision to the First Tier Tribunal and the case was heard on the 15th February 2017. The Immigration Judge concluded that the only issue for him to consider was whether or not the appellant could relocate to Kabul. The judge went on to dismiss the appeal stating that AK was still good law and he was not satisfied that the appellant could not relocate to Kabul and continue to seek support from his brother who remains in Takhar province.

Gabor Nagy then appealed this decision to the Upper Tribunal arguing in the grounds of appeal that the Immigration Judge has erred in law since the appellant would be returned to Kabul as an unattended child who would not have any family present in Kabul. The evidence also showed that the appellant would, as a child, be disproportionately affected by the ongoing conflict and precarious security situation. Gabor Nagy also argued that the Immigration Judge has failed to take into account the UNHCR Eligibility Guidelines and has failed to make any clear findings as to what kind and type of support the client’s family were expected to provide to the appellant. Gabor Nagy finally concluded that the appellant came from a minority ethnic group in Afghanistan and would hence be easily identified in Kabul where he could not rely on the assistance of the other members of the group.

The Upper Tribunal granted the application and the appeal then commenced on the 31st July 2017 at Field House. The Upper Tribunal judge (Canavan) then promulgated his decision on the 24th August 2017 setting aside the original determination and remade the decision stating that taking into account the totality of the case and the appellant’s circumstances, the appellant has a well-founded fear of persecution for reasons attributed to his political opinion and/or his membership of a particular social group (family) and relocating to Kabul would not be a viable option for him since there was no evidence that the appellant’s brother and his family in general would be able to provide the required level of support to the appellant who would be an unattended minor living on his own in Kabul.

The claimant was represented by Gabor Nagy, Immigration Director and Solicitor at Duncan Lewis with Mr A. Bandegani acting as Counsel.

Duncan Lewis Immigration Solicitors

Duncan Lewis Immigration Solicitors are one of the UK’s leading firms of immigration specialists and are able to advise vulnerable clients at all levels in all aspects of immigration, asylum/human rights and nationality matters. Duncan Lewis immigration lawyers can also advise on the Modern Slavery Bill, UK immigration law and the Human Rights Act. There are Duncan Lewis offices nationwide and in most major cities. Our specialist immigration solicitors will be able to advise individuals on any changes to UK immigration law during Brexit negotiations and post Brexit. The firm’s Immigration practice was recommended by Legal 500 UK 2016 as a Top Tier Immigration Practice in London and Wales and as a Leading Immigration Practice in the Midlands area respectively.

For expert legal advice on immigration law, call Duncan Lewis immigration solicitors on 0333 772 0409.

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