R v Biglary-Ghalilou (24 October 2018; Gross LJ; Spencer J and HHJ Katz QC)

Under s.31 of the Immigration and Asylum Act 1999 (which creates defences based on Article 31(1) of the Refugee Convention) where the Secretary of State has refused to grant a claim for asylum made by a person who claims that he has a defence under s.31, that person is to be taken not to be a refugee unless he shows that he is (i.e. the legal burden of proof shifts from the Prosecution to the Defence). Where a defendant is later granted asylum on the basis of sur place grounds (i.e. grounds which arose after the date of the offence, when s/he was in the UK), the burden of proof still lies with the defendant and not the prosecution.