Case No. UKUT-00137-(IAC)

1. For convenience we shall refer to HY as the appellant, as he was in the proceedings before the First-tier Tribunal, and to the respondent as the Secretary of State. 2. The appellant was born on 1 March 1961 and is a citizen of Egypt. He was involved in political activity in Egypt with the Muslim Brotherhood. He also acted as a defence lawyer. He was arrested in 1981 and, as the FTT noted at paragraph 16 of the determination, was badly treated. He fled Egypt and came to the United Kingdom. Whilst in the UK he was found guilty in his absence of crimes, the evidence for which was obtained by torture. It is accepted by the Secretary of State that the appellant cannot be returned to Egypt. 3. The Secretary of State has granted the appellant limited leave to remain but, in considering the appellant's application for further leave to remain, excluded him from the Refugee Convention on the basis of Article 1F(c). An appeal under Section 83 of the Nationality, Immigration and Asylum Act 2002 against the decision of the Secretary of State to grant the appellant limited leave to remain was heard by a panel of FTT Judges Lobo and Kamara. In a determination dated 5 March 2013 the FTT allowed the appeal on asylum and human rights grounds.