MK (Risk-Political Opinion) Kyrgyzstan CG  UKIAT 00063
Date of hearing: 1 April 2004
Date Determination notified: 06 April 2004
|Secretary of State for the Home Department||RESPONDENT|
"At paragraph 35 of the determination, the Adjudicator found that the Appellant was unable to name the ruling party. At document A1 it is clear that interpretation at the screening interview was a problem and this was reinforced by the Appellant during his asylum interview at C16. In the circumstances the Adjudicator's conclusion was not open to her."
"In every case the Appellant assumes the burden of showing that the judgment appealed from is wrong. The burden so assumed is not the burden of proof normally carried by a claimant in first instance proceedings where there are factual disputes. An Appellant, if he is to succeed, must persuade the appeal court or tribunal not merely that a different view of the facts from that taken below is reasonable and possible, but that there are objective grounds upon which the court ought to conclude that a different view is the right one. The divide between these positions is not caught by the supposed difference between a perceived error and a disagreement. In either case the appeal court disagrees with the court below, and indeed may express itself in such terms. The true distinction is between the case where the court of appeal might prefer different view (perhaps on marginal grounds) and one where it concludes that the process of reasoning and the application of the relevant law, require it to adopt a different view. The burden which an Appellant assumes is to show that the case falls within this latter category."