Case No. UKUT-00335-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00335-(IAC)

Fecha: 28-Jun-2018

BURDEN AND STANDARD OF PROOF

35 . I have reminded myself that , when considering whether the Appellant has a well-founded fear of persecution for the purposes of the Refugee Convention , the burden of proof lies with the Appellant but that I have t ake n into account the fact that she is a vulnerable witness, which may have affected her ability to give evidence. T he standard of proof is that of a reasonable degree of likelihood or a serious possibility. In contras t, when a person has been referred into the National Referral Mechanism , as a potential victim of human trafficking , the standard of proof when making a conclusive grounds decision is that of a balance of probabilities. Therefore, I have to apply the requisite low standard of proof for considering an asylum appeal and not just rely on the decision reached by the Competent Authority.