Section 8 | Claimant's Credibility | Asylum And Immigration Treatment Of Claimants Etc Act 2004 C19

8 Claimant's credibility

Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (2004 c 19) | Legislation

Treatment of claimants

8 Claimant's credibility

(1) In determining whether to believe a statement made by or on behalf of a person who makes an asylum claim or a human rights claim, a deciding authority shall take account, as damaging the claimant's credibility, of any behaviour to which this section applies.

[(1A) Tribunal Procedure Rules must secure that, where the deciding authority is the First-tier Tribunal, it must include, as part of its reasons for a decision that disposes of proceedings, a statement explaining—

(a) whether it considers that the claimant has engaged in behaviour to which this section applies, and

(b) if it considers that the claimant has engaged in such behaviour, how it has taken account of the behaviour in making its decision.

(1B) Rules under section 5 of the Special Immigration Appeals Commission Act 1997 (SIAC procedure rules) must secure that, where the deciding authority is the Special Immigration Appeals Commission, it must include, as part of its reasons for a decision that determines proceedings, a statement explaining the matters mentioned in subsection (1A)(a) and (b).]

(2) This section applies to any behaviour by the claimant that the deciding authority thinks—

(a) is designed or likely