Judgement was handed down by the Court of Appeal on Wednesday 6 March 2019 in respect of an appeal that sought to challenge the correctness of the country guidance case in MN and others (Ahmadis-country conditions- risk) Pakistan CG [2012] UKUT 00389 (IAC) in that it failed to properly reflect the judgement of the HJ (Iran) test of asking why an individual would act in a particular way to avoid persecutory harm.

The unanimous judgment allowed the appeal and remitted the case back for a rehearing because the statement of principle established in MN omits the obligation to ask the “why” question.

An appeal to the Supreme Court is being pursued by the Respondent.

Luqmani Thompson & Partners represented the Appellant, and counsel instructed were Raza Husain QC of Matrix Chambers and Eric Fripp of Lamb Building.  The Home Office was represented by Isabel McArdle of 1 Crown Office Row instructed by the Government Legal Department and the Intervener was represented by Michael Fordham QC, Shane Sibbel and Gayatri Sarathy, all of Blackstone Chambers instructed by Baker McKenzie LLP.