Upper Tribunal Immigration and Asylum Chamber

[2024] UKUT 00323 (IAC)

Fecha: 12-Oct-2023

Appeal to the Upper Tribunal

Appeal to the Upper Tribunal

80.

The appellant applied for permission to appeal to the Upper Tribunal on the following grounds:

(i)

The First-tier Tribunal failed to take into account, or failed to give adequate weight to, relevant evidence contained in the Parole Board’s report showing that any risk the appellant posed could be managed in the community.

(ii)

The First-tier Tribunal failed to follow the approach outlined in Essa in which the Upper Tribunal found that even if a judge was obliged to dismiss the appeal with reference to section 72 NIAA 2002, it was still necessary to determine the relevant ground of appeal under section 84 NIAA 2002 as to whether the decision amounted to a breach of the United Kingdom’s obligations under the Refugee Convention in the case of a removable refugee.

In this case the respondent accepted that removal would breach Article 3 ECHR. At the date of the hearing, the appellant could not be removed with reference to Article 33(2) of the Refugee Convention and continued to be entitled to the rights and benefits outlined in the Convention.

81.

The Upper Tribunal granted permission to appeal in an order dated 26 July 2023 noting that the decision to revoke protection status was made after the United Kingdom’s exit from the EU. The Upper Tribunal found that the case may be suitable to consider the wider issue of the applicability of the principles outlined in Essa as they might apply post-EU exit.

82.

We have considered the First-tier Tribunal decision, the evidence before the First-tier Tribunal, the grounds of appeal, and the submissions made at the hearing, before coming to a decision in this appeal. It is not necessary to summarise the oral submissions because they are a matter of record, but we will refer to any relevant arguments in our decision.