[2024] UKUT 00323 (IAC)

First-tier Tribunal Judge Cameron dismissed the appeal in a decision sent on 19 December 2022. When summarising the issues, the judge noted that the respondent’s representative said that the only issue was revocation of protection status. The appellant would not be removed because it was accepted that it would breach his human rights [6]. The judge considered whether the appellant had rebutted the presumptions that he had ben convicted of a particularly serious crime and posed a danger to the community [21]-[50]. He considered the evidence relating to the appellant’s offending behaviour and any potential rehabilitation. He noted the appellant’s claim to be ashamed of his offending and the harm that it had caused. The appellant said that he had taken steps to address alcohol misuse, which was an underlying factor to the offence. The appellant had attended a substance misuse course and had also worked as a peer mentor. He had also studied mechanics in prison and said that he wanted to progress.

The judge noted that the appellant had previous convictions in 2008 and 2017. The Parole Board report recorded that these were for similar offences against women he was in a relationship with, and again, with an element of alcohol misuse. The appellant was recalled to prison when he fell into difficulties with his housing (the Parole Board later found this to be inappropriate). The appellant accepted that he had drunk alcohol since he was released from prison ‘but only sensibly.’ [36]. The appellant was proud of the fact that he had obtained a job and wanted to provide a good example and to be a role model [36].

The judge went on to consider the terms of the Parole Board report dated 21 March 2022 [40]-[45]. The report noted that his attitude had been consistently positive and that his alcohol consumption had not been problematic. He had worked on conflict management and communicating in relationships and had engaged in substance misuse work. The judge recorded that the risk scores indicated a medium risk of serious recidivism. They also indicated a high risk of serious harm to a known adult, previous or current partners, with a medium risk to a child who might witness or be caught in the cross-fire of domestic abuse. The report concluded that he did not present an imminent risk of causing serious harm provided risk factors were managed properly.

The judge went on to consider a letter from a probation officer dated 12 July 2022 [46]. She confirmed that the appellant had been fully compliant with the conditions and had completed his licence. The appellant would benefit from structure in his life, which was now being provided by employment. He had sought and been granted permission to be in contact with his family and was keen to maintain his relationship with them. There seemed to be no issue about contact with his daughter [47].

The judge also considered a letter of support from a friend of the apellant [48] and additional documents relating to his employment and educational certificates [49]-[50].

In conclusion, the judge focussed on the test contained in section 72 NIAA 2002 and referred to relevant case law [51]-[54]. He considered the serious nature of the offence as disclosed by the sentencing remarks, which showed that the appellant’s partner collapsed following the assault and required emergency surgery to stem life-threatening bleeding on her brain. The sentencing judge also considered aggravating factors, including the fact that the assault took place in the victim’s home and while he was on bail for another assault on her [56]-[58].

The judge accepted that there was evidence to show that the appellant had undertaken a number of courses to address the causes of his offending behaviour, that he had complied with the licence conditions, and had not been convicted of any further offences since [59].

Nevertheless, the judge was satisfied that the appellant had not rebutted the presumption that he had been convicted of a particularly serious crime in view of the aggravating factors identified by the sentencing judge [62]. For the following reasons, the judge also concluded that the appellant had not rebutted the presumption that he posed a danger to the community:

The judge considered that the conviction and the presumptions under section 72 NIAA 2002 were the only issues for determination. Having found that the appellant had failed to rebut the presumptions, the judge was obliged by operation of section 72(10) to dismiss the appeal against the decision to ‘revoke protection status’ (section 82(1)(c)) brought on the ground that the decision breached the United Kingdom’s obligations under the Refugee Convention (section 84(3)(a)).