9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) however, this exclusion of evidence does not extend to evidence found as a result of a statement made under torture; while due regard must be had to the difficulties faced by both parties in relation to the question, it is for the Secretary of State to establish, albeit only on the balance of probabilities, that a statement made by a third party was not extracted by torture, rather than being on an appellant to establish that it was. 540. I am also of the view that SIAC had jurisdiction to entertain the appeals of Mr Ajouaou and F, although they had left the country. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 113/113