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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.

Interested in refugee law? You might like Colin's book, imaginatively called "Refugee Law" and published by Bristol University Press.

Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.

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Colin Yeo

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.