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Sep 28, 2023 · The burden of proof. The burden of substantiating an asylum claim lies with the claimant, who must establish to the required standard of proof that they qualify for refugee status.
Aug 20, 2021 · The Supreme Court has confirmed that claimants bear the initial burden of proof to establish a prima facie case in discrimination claims. Hilary Larter, Zoë Wigan and Ceri Fuller examine the ruling.
Jul 23, 2021 · The Supreme Court has today handed down judgment in Efobi v Royal Mail Group Ltd [2021] UKSC 33 clarifying the operation of the burden of proof in claims for contraventions of the Equality Act 2010 and reinforcing the availability of adverse inferences against respondents who fail in appropriate cases to call evidence from relevant individuals.
Jul 23, 2021 · The decision has confirmed that the Claimant bears the initial burden of proof to establish a prima facie case, and so restored the orthodoxy that had been disturbed by the ruling of the EAT earlier in these proceedings. It also offers some useful guidance on the drawing of adverse inferences.
Mar 5, 2021 · While the hearing on merits is yet to commence, the order has revived two questions about this procedural issue: what is the standard of proof that the ICJ employs and whether it is possible to infer a reasonably clear standard of proof from the ICJ’s decisions.
Sep 21, 2021 · Clause 29 would raise the standard of proof used in asylum determination, thus placing an unrealistic burden of proof on asylum applicants. It would specifically apply a higher standard of proof when deciding whether someone has a "well-founded fear of persecution".
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The Bill highlights length of limited leave, access to indefinite leave, family reunion, and access to public funds as likely areas for discriminating against “Group 2” refugees. This would deny many refugees the chance to settle here, keep families apart, and consign refugees to poverty.
