Case No. UKUT-00448-(IAC)

IMMIGRATION & ASYLUM CHAMBER TAYLOR HOUSE Between YASSER AL-SIRRI Appellant V SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent CHRONOLOGY OF EVENTS Key: A = Appellant. BPP = Birnberg Peirce & Partners, present solicitors for the Appellant. CPS = Crown Prosecution Service. DG = Deighton Guedalla, previous solicitors for the Appellant. R = Respondent. TSols = Treasury Solicitors. Egypt22.11.62 A born in Dumiat, near Port Said, Cairo. A grows up in Suez and attends school there.Sept 1981 President Sadat makes emergency law and orders arrest on national security grounds of 1536 of those he believes to be his opponents, including A. 03.09.81 Order for A’s arrest signed (pursuant to emergency law). Police come to A’s house in his absence. Mother sends message and A hides.05.09.81 Following above speech, A surrenders to police and is imprisoned in Istiqbal Tora high security prison in Cairo.06.10.81 Assassination of President Sadat.1982 A banned from Egyptian military service because of detention. A resumes Islamist activities.1984 A detained for approximately three weeks by Security Services in Cairo. No reasons given. A subjected to torture.1985 A detained in ‘appeal prison’ following demonstration – tortured – released without charge after three months.1986 A travelling between Cairo & Suez – detained by Security Service and held in Cairo for 45 days – tortured – released by judge.1987 A detained in ‘appeal prison’ for one month, accused of distributing leaflets – tortured – accused of breaking prison rules – sent elsewhere for more than one month – released without trial.A shot at by security – his friend is hit by a bullet – detained for 45 days at Tora prison, Cairo – tortured by Deputy of SIS – released by court – no proof of guilt.1987 (Approximate date) A’s first marriage.1988 A takes part in memorial for massacre in refugee camp in Chatilla, Lebanon – detained for three days for being pro-Palestinian.Jordan / Yemen22.08.88 A leaves Egypt having received warning of imminent arrest. Goes to Jordan, and a short time later, to Yemen.SudanNov 93 A is warned to leave Yemen because of claims of involvement in plot to kill Dr Sidqi. A goes to Sudan with his family.17.03.94 A sentenced to death in absentia by Egyptian Supreme State Security Court Martial Criminal Court for involvement in the attempt to kill Dr Sidqi.United Kingdom29.04.94 A arrives in the UK from Sudan and applies for asylum at port. He is detained. His wife and four children are granted temporary admission. 02.05.94 Asylum application.03.05.94 Amnesty International Urgent Action – five co-accused have been executed – A is one of four sentenced in absentia.Dec 94 A released from detention.30.11.95 A is sentenced in absentia by Egyptian Supreme State Security Court (Military Felonies) to 15 years hard labour on conviction of membership of a terrorist organisation.Late 95 A establishes the one-man ‘Islamic Observation Centre’ (“IOC”) from his flat. Jan 99 Egyptian Supreme State Security Court Martial Criminal Court sentences A in absentia to life with hard labour for involvement in illegal Jihad movement and plotting to carry out attacks on officials and police. Nine others are sentenced to death. There are 107 Defendants in all (known as the ‘return from Albania’ case).11.10.00 R refuses A’s asylum application on the grounds of Article 1F(c) exclusion. R indicates A will be granted four years Exceptional Leave to Enter (but this is never implemented). 13.10.00 Four years Exceptional Leave to Remain granted in-country to A’s spouse and daughter.09.09.01 Assassination of General Ahmad Shah Masoud (“ASM”).23.10.01 A arrested in connection with assassination of ASM. Represented by BPP in connection with criminal matters. 29.10.01 A charged with (1) Conspiracy to murder ASM; (2) Inviting support for a proscribed organisation – ‘Al-Gamm’a al-Islamiya’ under the Terrorism Act 2000 s.12(1); (3) Inviting funds for the purposes of terrorism under the Terrorism Act 2000 s.15(1)(a); (4) Arranging availability of property for purposes of terrorism under the Terrorism Act 2000 ss.17 & 22; (5) Publishing written material likely to stir up racial hatred under the Public Order Act 1986 ss.19(a) & 27(3). 06.02.02 R withdraws the unimplemented ELR decision. 03.05.02 CPS serves case summary re charges (1) and (5) only. It did not formally discontinue the other charges but advised it would notify the Court and the defence if it intended to proceed with them, which it never did.16.05.02 Charge (1), conspiracy to murder, dismissed by the Common Serjeant of the Central Criminal Court on the application of the defence. Charge (5) remained pending.A immediately re-arrested in connection with United States extradition request on allegation of providing material support to a terrorist organisation, Al-Gamm’a al-Islamiya (aka The Islamic Group, ‘IG’).29.07.02 A discharged in the extradition proceedings. Home Secretary (David Blunkett) declined to issue an order to proceed because there was no evidence to support the charges. 28.10.03 CPS discontinue charge 5, the last of the UK criminal charges, on the grounds that it was unable to comply with the order to serve a full translation of the book giving rise to the charge.A granted 6 months’ Discretionary Leave to Remain (DLR) to 30.09.04.15.06.04 Leave in line with mother and sister granted to daughter. 13.04.05 A granted less than six months DLR to 09.10.05.05.09.06 A granted six months DLR to 04.03.07.Asylum appeal proceedings20.09.06 A gives notice of appeal under s.83 Nationality Immigration and Asylum Act 2002. 05.12.06 R maintains decision to refuse asylum and serves fresh reasons for refusal letter & a Respondent’s Bundle. 01.05.07 Appeal heard by the AIT. & 19.06.07 20.07.07 Date of AIT determination, dismissing A’s appeal against exclusion from refugee status. 03.09.07 Application to the AIT for permission to appeal to the Court of Appeal.03.10.07 Application [above] refused. 04.06.08 Permission to appeal granted by the Court of Appeal before May LJ and Moses LJ. 27.11.08 Appeal heard by the Court of Appeal.18.03.09 Judgment of the Court of Appeal, allowing the appeal to the extent of remittal to the AIT for reconsideration on the proper basis.15.05.09 Petition to the Supreme Court.14-17.05.12 Appeal heard in the Supreme Court (with joined case of DD (Afghanistan). (UNHCR intervening).21.11.12 Supreme Court judgment. Dismisses appeal against the order for remittal but accepts A’s legal arguments concerning, in particular, the standard of proof to be applied in exclusion cases.14.05.13 FtT CMR and Directions.25.06.13 R fails to comply with above direction.08.07.13 TSols notify BPP of intention to interview A and that consideration was being given to exclusion under Articles 1F(a) and (b), in addition to (c). 23.07.13 BPP ask to be informed of proposed subject matter of interview and for sight of the documents on which it would be based.06.08.13 TSols propose to BPP that by 16th August they will serve ‘a copy of any material on which the SSHD proposes to either put questions to the Appellant in interview or to rely upon in any decision’. 07.08.13 BPP agree to timescale for disclosure but request that R should also supply any CPS material reviewed by her but not relied on. BPP advise A’s instructions will be taken in relation to proposed interview but week of 16th September (proposed by TSols) would be unsuitable as solicitor with conduct would be on leave. This was followed by further disclosure.12.09.13 TSols advise interview is to take place in Liverpool over the course of three days (the previous proposal had been for a one day interview in Croydon). 23.09.13 TSols advise that proposed interview would cover all relevant aspects of A’s life since the 1980s and would be based around the disclosure provided in August. BPP asked to confirm within 14 days whether A would attend.30.09.13 Further CMR.10.01.14 R’s further reasons for refusal letter. 27.01.14 Further CMR.31.01.14 Grant of Restricted Leave to A and imposition of restricted leave conditions.25.02.14 Letter before claim challenging restricted leave conditions.07.04.14. Further CMR.09.04.14 FtT decision on witness summons issue.25.04.14 Judicial Review claim issued re decision to grant Restricted Leave (JR/5697/2014)28.05.14 & FtT hearing.17.03.15 A’s appeal against exclusion allowed by the FtT.13.04.15 CMRH: Counsel for SSHD confirms SSHD accepts that A would be at risk on return to Egypt.16.04.15 Promulgation of final FTT determination: A’s appeal against refusal of refugee status allowed.20.04.15 R applies for permission to appeal.01.05.15 R’s application refused.15.05.15 R renews application to Upper Tribunal.16.10.15 Upper Tribunal grants permission to appeal to R.04 & 25 July 2016 Upper Tribunal hearing.28 July 2016 Upper Tribunal’s judgment.17 August 2016 Unembargoed judgment disseminated