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KK & RS (Sri Lanka) v The Secretary of State for the Home Department

Tuesday 18 January 2022

KK & RS (Sri Lanka) v The Secretary of State for the Home Department

Application for permission to appeal.  Second appeal – SSHD is the applicant. Appeal from Country Guidance determination in KK and RS (Sri Lanka). The appeals were linked on the issue of the extent of risk in Sri Lanka on the basis of sur place activities which are or are perceived to be in opposition to the Government in Sri Lanka.

KK is of Tamil ethnicity and arrived as a Tier 1 post-study work migrant in 2009. A further application as an entrepreneur was refused . He claimed asylum in 2016. Risk based on previous detention and ill treatment following assistance given to the LTTE and arising from later sur place activities in the UK. The claim was refused and the appeal was dismissed by the First Tier Tribunal (FTT).  The Upper Tribunal (UT) set aside the FTT’s decision and remitted the matter. It was again dismissed and then the UT set aside the FTT’s second decision and retained the appeal to be heard in the UT on the issue of sur place activities.

RS is a woman of Tamil ethnicity who had entered in 2007 and made an unsuccessful claim for asylum. She had then claimed to have been detained and mistreated because of suspected LTTE assistance. She later made a fresh claim in 2018.

The UT allowed the appeals of KK and RS.

View hearing

Wednesday 19 January 2022 at 2:00pm

Judgment