NM (Afghanistan) v Secretary of State for the Home Department

Facts

The appellant, an Afghan national born on 1 January 1979, entered the United Kingdom illegally on 2 May 2002 and claimed asylum the same day. He said he had joined Hezb-e-Islami in early 1999 as bodyguard to a Commander, a group which then formed links with the Taliban, and that his duties in Mazar-e-Sharif included taking part in searches of houses suspected of holding arms and in the arrest of some 40 to 50 people. He feared that on return the Northern Alliance would identify him and ill-treat him. The respondent refused the claim on 20 August 2004 and gave removal directions. An Adjudicator dismissed his appeal in a decision promulgated on 8 December 2004, finding his account of his activities vague and implausible and concluding he would not be identified. The Immigration Appeal Tribunal granted permission to appeal on the footing that the credibility finding was inadequately reasoned; on the coming into force of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 that grant was treated as an order for reconsideration. On 4 April 2006 the Asylum and Immigration Tribunal found a material error of law and adjourned for a second stage hearing not limited to any issues. Immigration Judge Sacks then dismissed the appeal, and the appellant appealed to the Court of Appeal.