- BY Colin Yeo
Burden of proof rests with appellants in Article 3 appeals
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Yes, you read that headline right. In HKK (Article 3: burden/standard of proof) [2018] UKUT 386 (IAC), counsel rather ambitiously attempted to reopen the question of where lies the burden of proof in Article 3 appeals.
TL;DR: the burden of proof rests with the appellant.
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Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.
