Advocates Library Parliament House Edinburgh EH1 1RF
A Chinese woman who claimed she would be persecuted if returned to her home country having had two children out of wedlock has successfully challenged a decision to refuse her application for asylum.
The Upper Tribunal had upheld a decision of the First-tier Tribunal to dismiss the woman’s appeal, but in doing so the Upper Tribunal set aside a finding-in-fact to the effect that the appellant was “highly likely” to be forced to undergo sterilisation under China’s strict family planning policies.
The Inner House of the Court of Session ruled that the Upper Tribunal “erred in law” in overturning the findings and that it should have allowed the appeal.
The appeal judges allowed the appeal and quashed the Home Secretary’s decision to refuse the appellant’s claim for asylum.
Read the opinion of the court here.