Case No. UKUT-00414-(IAC)

: The 2019 application provided reasons why the applicant cannot – at the present time – be removed to Tunisia, on grounds of Article 3, 5 and 8 ECHR. The Article 3 grounds related to the risk of further detention and torture at the hands of the state, and the applicant’s present health conditions. The Article 5 risk (right to liberty and security) was connected to the applicant’s in absentia convictions in Tunisia. 58. Through her grant of restricted leave to the applicant, the respondent accepts that the applicant cannot presently be removed to Tunisia. Although the decision states that “all your client’s submissions and the evidence provided on his behalf have been considered…”, it does not state what, in the Secretary of State’s view, the operative factors were that led to the grant of restricted leave, rather than a removal decision. There is no indication, for example, that the respondent accepts that Article 8 provides a barrier to removal. The respondent has previously proceeded on the basis that the applicant is “irremovable” due to the Article 3 risk of further torture in Tunisia and has not indicated that she accepts the other claimed barriers to removal. 59.