​Joseph Maggs’s new article on section 32 of the Nationality and Borders Act 2022 and the higher standard of proof in asylum claims has been published on Free Movement.

The article summarises the Upper Tribunal’s guidance in DS v Secretary of State for the Home Department UI-2025-004745, which was heard before President Mr Justice Lavender. Part of the headnote in the earlier case of JCK (s.32 NABA 2022) (Botswana) [2024] UKUT 100 (IAC) has been expressly disapproved, in the Home Secretary’s favour. However, much of the guidance provides a welcome reminder that decision-makers and judges must take a nuanced and fair approach to the evidence at all stages, notwithstanding the elevated standard of proof at the first stage.

The article will be of assistance to practitioners preparing and presenting protection appeals under the new framework.