Jennifer Lanigan successfully represented her client, DA, in the Upper Tribunal in an error of law hearing.
The case concerned a vulnerable appellant who had been recognised as a victim of trafficking and suffered from mental health difficulties as a result of his experiences of exploitation in Albania. The appellant’s account of ongoing risk had been rejected in its entirety by the First Tier Judge, who had made detailed findings regarding the appellant’s lack of credibility.
Jenny successfully argued on behalf of the appellant that the decision must be set aside. Not only had the Judge failed to explain his rejection of key evidence (including expert evidence), the Judge had also failed to ensure that the appellant had had a fair hearing. This failure was all the more significant given the appellant’s vulnerabilities. As a result, the Judge’s findings were vitiated by procedural impropriety in line with the case law including Abdi & Ors v Entry Clearance Officer [2023] EWCA Civ 1455.
The UTJ commended the representatives for their ‘clear and well-focused submissions’ and allowed the appeal on all four grounds advanced by the appellant.
Further information
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Involving Jennifer Lanigan
