Secretary of State for the Home Department vs Harsh Lata

This case involved an appeal by the Secretary of State for the Home Department against a decision of the First-tier Tribunal (FtT) which had allowed Harsh Lata's appeal on international protection grounds.

TLDR:

• Appeal by the Secretary of State against the FtT's decision to allow Lata's asylum claim.
• Focus on procedural rigour and issue identification in immigration appeals.
• The Upper Tribunal dismissed the appeal, emphasizing the importance of clear issue identification and procedural compliance.

Harsh Lata, a national of India, entered the UK with her children as a visitor in December 2011. She sought asylum in 2015, citing a fear of her former husband. The Secretary of State refused the application, and her subsequent appeal was dismissed by the FtT in 2016.

Lata's younger son claimed asylum in 2017, which was refused. Further representations were made in 2019 and 2020, with the Secretary of State eventually accepting a fresh claim but refusing to recognize Lata as a refugee.

The FtT, in a hearing on 19 April 2022, found Lata to be a genuine convert to Christianity and concluded she would face persecution if returned to India. The Secretary of State appealed this decision, arguing inadequate reasoning regarding the potential for Lata's sons to accompany her to India.

The Upper Tribunal examined whether the Secretary of State had properly identified the issue of Lata's sons accompanying her during the FtT hearing. It was found that this issue was not expressly raised by the Secretary of State at the FtT hearing.

The Upper Tribunal emphasized the importance of procedural rigour and the need for parties to clearly identify issues in dispute. The Tribunal concluded that the Secretary of State's failure to raise the issue of the sons' potential relocation at the FtT hearing meant it could not be considered on appeal.

The Tribunal also discussed the application of the Devaseelan guidelines, which establish the starting point for certain appeals but do not require judges to consider all issues from previous decisions. The duty falls upon the parties to identify relevant issues.

The Upper Tribunal dismissed the Secretary of State's appeal, upholding the FtT's decision to allow Lata's asylum claim.

Legal representatives: Ms. H Gilmour, Senior Presenting Officer for the appellant; Mr. B Hawkins, Counsel, instructed by Leonard Solicitors LLP for the respondent.

Judicial Panel: The Hon. Mr. Justice Dove, President; Upper Tribunal Judge O'Callaghan

Case Citation Reference: [2023] UKUT 163 (IAC)