BA v The Secretary of State for the Home Department

Facts

The appellant, BA, is a citizen of Afghanistan who claimed protection in the United Kingdom on 23 December 2022. His case was that his father had worked for foreign businesses in Afghanistan under the previous democratic government, that the Taliban regarded this as collaboration, and that threats were issued against the family in consequence, causing him to flee following the Taliban takeover. The Secretary of State accepted that he is an Afghan national but refused the protection claim by a decision dated 24 September 2024, rejecting the remaining material facts largely on credibility grounds. He appealed to the First-tier Tribunal under the Nationality, Immigration and Asylum Act 2002, the claim having been made after 28 June 2022 so that sections 30 to 39 of the Nationality and Borders Act 2022 applied. At the hearing at Birmingham the appellant did not attend; his counsel had been unable to reach him despite repeated calls and messages, and he had also missed an appointment at his solicitors' office in August. An adjournment application was made and opposed by the Secretary of State. The tribunal proceeded in his absence, having his bundle, appeal skeleton argument and witness statement, and heard submissions from both representatives before reserving its decision.