Further success for Rebecca Penfold in the First Tier Tribunal
13 September 2019
Rebecca Penfold, instructed by Cecilia Goodwin, was recently successful before the First Tier (Immigration and Asylum) Tribunal. Rebecca and Cecilia were instructed by an Iraqi male, who had fled his country based on persecution due to his sexuality and claimed asylum at the border when he arrived in the UK 2016. This earlier application had been unsuccessful, and his claim had been found to lack credibility by both the First Tier and Upper Tribunals.
Rebecca and Cecilia were instructed in 2019 and advised on a fresh claim for asylum and an appeal against the refusal of a Residence Card made under the Immigration (EEA) Regulations 2016, as the durable partner of an EEA National. The issue in the appeal related to his relationship with his boyfriend, which the Secretary of State found did not meet the requirements of ‘durable relationship’. At the appeal, the Immigration Judge took the starting point based on the earlier findings of the Tribunals, that the appellant lacked credibility. Despite this, Rebecca was successful in persuading the Judge to allow the appeal the Judge determining that he could depart from the earlier negative findings, and found the appellant and his witnesses to be credible.