0121 236 5514

Although there is Home Office guidance as to “very significant obstacles to the applicant’s integration into the country to which he would have to go” it appears to me to be open to argue that by examining a persons’ links to the UK it is possible to submit that they would not be able to re-integrate if it means having a normal life by the standards of that country.

In concrete form FM was an Afghani asylum seeker who came to the UK whilst a minor, and had integrated into British society. He claimed that he could not now reintegrate into Afghani society because his formative years as a teenager had lead him to a “Western” life style which would be alien in Kabul. It was also claimed that he would not now fit into Afghani society because of his background, and as a result would be destitute if returned because of the alien culture.

The matter reached the Upper Tribunal, and after error of law was found by the President, Upper Tribunal Judge Finch heard the appeal on this point under Paragraph 276ADE (1) (vi). Evidence was called from the former foster parent of the Appellant as to the fact she was subsidising a young former asylum seeker who had been placed with her, who had been returned to Afghanistan because he would have been destitute without her financial support. Other evidence was called in respect of television program making on the fate of young returned asylum seekers and the Tribunal reviewed the academic evidence in relation to young Afghani asylum seekers.

However after reviewing the evidence the appeal was dismissed on the basis that the Appellant could form an adequate private life by the standards of Afghanistan; which was the proper test and not the standards in the UK. Given the precariousness of private life even in Afghanistan for these young men this conclusion is perhaps not self-evident.

There is indeed a further challenge before the Upper Tribunal to be heard by a panel on the same point with expert evidence being called on the vexed question of the return of young failed asylum seekers to Kabul. It will be interesting to see what conclusions are made.

Stephen Vokes

No.8 News

No.8 Tenancy Opportunities

As part of our ongoing growth plan Chambers is currently looking to recruit tenants. Applications are welcome.

Chambers is pleased to announce that James Fraczyk has been appointed by the Attorney General as Junior Treasury Counsel.

Find a Barrister

Barrister Call
Lord Thomas OBE QC 1968
Daniel Janner QC 1980
Amanda White 1976
Carol Strongman 2003
Venice James 1983
Richard Franck 1993
Alison Scott-Jones 1991
Alexander Barnfield 2007
Sally Cairns 2006
Paul Hevingham 2006
Robert Cowley 1992
Saiqa Aslam 1995
Emma Rutherford 2002
Adam Pipe 1999
Stephen Vokes 1989
Philip Brunt 1991
Mark Jackson 1997
Mohammed Azmi 1998
Liz de Oliveira 2000
Harleen Masih 1999
Naomi Hobbs 1992
Davinder Dhaliwal 1990
Maninder Chaggar 1992
Gary Cook 1989
Ruth Manning 1993
James Fraczyk 2013
Arnela Imamovic 2008
Marc Beaumont 1985
Olumide Sobowale 1998

Contact No.8 Chambers

No.8 Chambers, Fountain Court, Birmingham B4 6DR
Tel: 0121 236 5514 | e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. | Fax: 0121 236 8225 | DX: 16078