The court must be satisfied

Question 1

What does satisfied mean

Answer 1

Re H and R: satisfied on the BoP= more likely than not that the TT

Question 2

A finding of a real possibility

Answer 2

is not sufficient. Re H and R (there was only a real possibility of sexual abuse which was insufficient for a finding).

Question 3

The more serious an allegation Re H and R

Answer 3

the more serious, the less likely it will have been to have happened and the more evidence/ stronger evidence will be required to prove it

Question 4

What did Hemmingway argue

Answer 4

Hemmingway: The more serious their allegations the more likely to be untruthful? If we do think this, is it not risky to make the most serious allegations the hardest to prove and deny assistance to those most in need of it.

Question 5

What did Re H and R mean by a more serious allegation

Answer 5

Re BS (SC); Re B: the serious of the allegation will not affect the standard of proof, instead cogent evidence will be required to prove an inherently improbable allegation on the BoP

Question 6

Re B (CA)

Answer 6

Court not satisfied that a baby’s injuries had been caused by deliberate shaking by the parents as opposed to an accidental fall.
There is no history of bad parenting here at all.

Question 7

Re X, Re Y

Answer 7

It had not been proved on the balance of probabilities that the parents held radical Islamist beliefs and they had not been shown to be other than good parents. Therefore, the inherent improbability that they would have put their children at risk of harm by taking them into a war zone had not been overcome.