The applicant claimed a well-founded fear of persecution in Kosovo because his father had collaborated with the Serb authorities. There were discrepancies between the applicant’s evidence at his appeal hearing and what he had said during the earlier stages of his application and the Tribunal refused the appeal. The applicant contended that he had provided the Tribunal with an explanation for not disclosing certain facts at an earlier stage in his application and that the Tribunal had failed to consider this explanation.
The Court granted leave, finding that the process by which the credibility of an applicant is assessed is a matter within the remit of the Court insofar as it goes to an applicant’s entitlement to fair procedures and that the Tribunal was under an obligation as a matter of fair procedures to consider and assess an explanation given at the oral hearing regarding why an applicant did not disclose certain facts at an earlier stage.
