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UK Upper Tribunal Orders Rehearing of Asylum Seeker’s Case Over Shifting Nationality Claims

Deputy Upper Tribunal Judge Sara Anzani ordered a fresh first-tier hearing to ensure full evaluation of his oral testimony alongside mental health evidence.

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Overview

  • The Upper Tribunal ruled on July 20, 2025, that the asylum seeker’s appeal must be reheard by a First-tier Tribunal to uphold procedural fairness.
  • Judge Anzani found that his credibility hinges on in-person oral evidence and that documented mental health difficulties demand careful assessment.
  • The migrant arrived in the UK in August 2012 and originally claimed Iranian nationality before amending his identity to Afghan in a July 2021 appeal.
  • The Home Office challenged the nationality switch as lacking substantiation, pointing to only a cousin’s biometric identity card as evidence.
  • Court papers showed the case formed part of documents revealing a secret Afghan relocation scheme set up after a government data leak and shielded by a super-injunction.