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New case on airport monitoring and DRC


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The case of Lokombe (DRC: FNOs – Airport monitoring) [2015] UKUT 627 (IAC) is a classic! The Upper Tribunal finds an error of law in a judge following a “dismissive and reductionist” approach to a country report, the methodology and evidential basis of which was unclear. Many is the time I’ve pleaded similar errors myself in respect of treatment of claimant expert reports yet gotten nowhere. The report in question here is a Home Office one, though.


The fact that there was an August 2013 report providing the answers given by 8 EU/Western countries documenting the return of a significant number of FNOs to the DRC without there having been any allegations of problems on return (except ones from Belgium, none substantiated) was a very significant piece of evidence that was not negated by the fact that in Kinshasa there is no airport monitoring carried out by outside governments or NGOs.

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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.