[2024] UKUT 00323 (IAC)

On 3 November 2021 the respondent made a decision to revoke leave to remain recognising the appellant as a refugee, which was first granted on 15 May 2007. The respondent considered what was said by the UNHCR, but concluded that ‘the criteria for consideration of revocation of refugee status is whether paragraph 339AC(ii) of the Immigration Rule is met’ [18].

The respondent considered that the ‘substantial custodial sentence’ of two years and eight months’ imprisonment ‘significantly exceeds’ the period of two years as defined in section 72(2) NIAA 2002 for a crime to be regarded as ‘particularly serious’ [18]. The letter went on to outline the nature of the appellant’s assault on his partner and concluded that the offence showed that the appellant was a danger to the community [22]. For these reasons, the respondent decided that refugee status should be ‘revoked’ with reference to paragraph 339AC(ii) of the immigration rules and certified that the presumptions contained in secton 72 applied in this case.

It is important to note that the decision to ‘revoke’ refugee status did not assert that the applicant came within the cessation or exclusion clauses or that he no longer met the criteria for Convention Refugee Status under Article 1A(2). The decision to revoke leave to remain was made solely with reference to paragraph 339AC(ii) of the immigration rules and without reference to the principles of international law contained in the Refugee Convention.

Indeed, the respondent recognised that the appellant continued to be at risk if returned to Eritrea, but with reference to Article 3 of the European Convention of Human Rights (ECHR).

In summary, the respondent found that the appellant was a removable refugee with reference to Article 33(2) of the Refugee Convention, who could not be removed. In light of that contradiction, one might question the purpose of making such a decision.