Case No. UKUT-00627(IAC)

20. Apart from the Rule 24 Reply the claimant has not sought to adduce any further evidence. The SSHD, by contrast, relies heavily on BM . In the context of re-making of the decision, we can have direct recourse to BM , both to the further background country materials documented in that decision and its evaluation thereof. We find no reason to depart from BM . Since the claimant has not sought to challenge any aspect of the FtT’s findings on his circumstances except in relation to the generic issues of whether he is at risk as an FNO returnee, we see no rational basis for distinguishing his situation on return from any other FNO returnees. 21. Accordingly we dismiss his appeal. 22. For the above reasons we conclude: The FtT judge materially erred in law and his decision is set aside. The decision we re-make is to dismiss the claimant's appeal. Signed Date Upper Tribunal Judge Storey