The Home Office may certify South Asian asylum claims as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002, removing the right of in-country appeal. Certification is inappropriate where a claim has a realistic prospect of success.
Expert witnesses help solicitors challenge certification by providing independent country condition analysis demonstrating that the claim has merit. This is particularly important for Bangladesh post-2024 claims, India minority claims, and Nepal claims where no country guidance exists.
Expert reports for certification challenges should address the specific reasons the Home Office considers the claim unfounded and provide evidence-based analysis of why the appellant's profile creates a realistic prospect of success.
Frequently Asked Questions
How quickly can an expert report be prepared for a certification challenge?
Urgent certification challenge reports may be available within 72 hours subject to expert availability. Provide the certification notice, RFRL, witness statement, and any relevant CPINs with the instruction. Early instruction is critical given the shortened appeal window.