The UK Upper Tribunal has issued further guidance on how the elevated standard of proof introduced by section 32 of the Nationality and Borders Act 2022 applies when judges decide asylum claims. The decision, DS v Secretary of State for the Home Department (UI-2025-004745), reached the tribunal under case number UI-2025-004745 and was heard by Tribunal President Mr Justice Lavender, sitting with another judge.

The ruling is the latest step in a line of authority that began with JCK (s.32 NABA 2022) (Botswana) [2024] UKUT 100 (IAC). In that case, the Upper Tribunal recognised that section 32 of the Nationality and Borders Act 2022 — the law that changed the burden and standard of proof in asylum and humanitarian protection claims — had established what the tribunal called a 'new paradigm' for determining such claims.

What does this change for asylum claimants?

The practical question for applicants and their representatives is what the higher standard of proof means in real cases. Under section 32 of the Nationality and Borders Act 2022, claimants no longer benefit from the lower threshold that previously applied in asylum appeals. Instead, decision-makers and judges must assess claims against the stricter evidential framework Parliament set out in the 2022 Act.

DS, decided by President Mr Justice Lavender and a second judge, adds guidance on how tribunals should apply that framework at the appeal stage. It follows the tribunal's own characterisation in JCK [2024] UKUT 100 (IAC) that section 32 did not simply adjust the old test but created a 'new paradigm' — in the tribunal's words — for how asylum claims must be determined.

Who is affected?

• Asylum claimants in the United Kingdom whose claims fall to be decided under the Nationality and Borders Act 2022 framework.
• Appellants before the First-tier and Upper Tribunal whose appeals turn on whether they meet the higher standard of proof.
• Legal representatives preparing evidence and submissions, who must now frame cases around the standard the Upper Tribunal has clarified in JCK and DS.

The decisions that matter

Two Upper Tribunal authorities now anchor this area of law:

• JCK (s.32 NABA 2022) (Botswana) [2024] UKUT 100 (IAC) — the leading case in which the Upper Tribunal recognised that section 32 of the Nationality and Borders Act 2022 established a 'new paradigm' for the determination of asylum claims.
• DS v Secretary of State for the Home Department (UI-2025-004745) — heard before President Mr Justice Lavender and another judge, providing further guidance on the higher standard of proof in asylum claims.

Why the standard of proof matters

The standard of proof determines how much evidence a claimant needs to satisfy a decision-maker. A higher threshold demands stronger, more specific evidence of persecution or harm before protection is granted. How judges weigh testimony, documents and country evidence under the 2022 Act's framework directly shapes outcomes in thousands of asylum appeals each year.

The Upper Tribunal's function in cases such as JCK and DS is to give binding guidance that lower tribunals must follow. President Mr Justice Lavender's involvement in DS signals the seniority of the panel and the significance the tribunal attaches to clarifying this area.

Readers following an individual asylum appeal should consult the full text of DS v Secretary of State for the Home Department (UI-2025-004745) and JCK [2024] UKUT 100 (IAC) on the official tribunal reporting services, and seek advice from a qualified immigration practitioner for any specific case.