Case Study Five: Witness Protection Refugee

27th January 2016 by

In this unusual case, our client, a Sri Lankan refugee, sought our advice when his application to extend his and his family’s leave in the UK was denied by the Home Office.

Ten years previously, having given crucial evidence in a case that resulted in a conviction of the defendants, he was placed on a witness protection programme and granted refugee status in the UK.

When our client applied to extend his and his family’s stay in the UK, the Home Office refused on the grounds that the Sri Lankan authorities had since developed their own witness protection programme, and thus our client could now return.

Appealing the decision with the help of experts

To appeal the Home Office’s decision, we obtained expert evidence on how effective the witness protection programme in Sri Lanka was, and the extent to which it had been adopted as law. We then presented this evidence to the judge.

The outcome of the case

On the basis of our expert’s report, the Judge decided that even if the witness protection programme in Sri Lanka had been adopted by law, which our evidence disputed, it would still have failed to offer our client adequate protection. Therefore, our client’s appeal was allowed.

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