A MIGRANT suspected of a bomb attack has won an asylum appeal.
The Sri Lankan arrived here in 2022, claiming he and his wife were persecuted back home.
He had been arrested in his native country over the IS Easter bombings which killed 269 people — including British citizens — in April 2019.
The Home Office refused him asylum following a hearing but he successfully appealed at the immigration Upper Tribunal in Birmingham.
The migrant, named only as ‘YA’, argued that the judge at a previous hearing was biased.
Deputy Upper Tribunal Judge Claire Burns found a series of errors were made, including missing his release on bail following an arrest warrant.
But she denied that any previous judges were “highly prejudiced”.
The case will be reheard at a later date.
Judge Burns concluded: “I find there will need to be a complete rehearing wherein the Judge will make findings about the credibility of [YA’s] account and given the nature and extent of the fact finding the appeal should therefore be remitted to the First-tier Tribunal.
“The Judge erred in law in his analysis of the documentary evidence as set out above and so for that reason the decision must be set aside.
“I determine that no facts should be preserved.
“This will enable the new Tribunal to make a full assessment on the credibility of [YA’s] account on full consideration of the oral and documentary evidence.”
