# The Asylum and Immigration Tribunal (Procedure) Rules 2005, Article 53: Burden of proof


(1) If an appellant asserts that a relevant decision ought not to have been taken against him on the ground that the statutory provision under which that decision was taken does not apply to him, it is for that party to prove that the provision does not apply to him.
(2) If—
(a) an appellant asserts any fact; and
(b) by virtue of an Act, statutory instrument or immigration rules, if he had made such an assertion to the Secretary of State, an immigration officer or an entry clearance officer, it would have been for him to satisfy the Secretary of State or officer that the assertion was true,
it is for the appellant to prove that the fact asserted is true.

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Source: https://www.legislation.gov.uk/uksi/2005/230/article/53 (the official version)
Page: https://openlegislation.uk/asylum-and-immigration-tribunal-procedure-rules-2005/article-53
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.