[2024] UKUT 00100 (IAC)

JCK (s.32 NABA 2022) (Botswana)

Heard at Manchester Civil Justice Centre

THE IMMIGRATION ACTS

Promulgated on 13 March 2024

Before

UPPER TRIBUNAL JUDGE BRUCE

Between

JCK (Botswana)

(anonymity order made)

Appellant

and

Secretary of State for the Home Department

Respondent

Representation:

For the Appellant: Ms G. Patel, Counsel instructed by Saxon Solicitors Ltd

For the Respondent: Mr A. Tan, Senior Home Office Presenting Officer

Order Regarding Anonymity

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the Appellant is granted anonymity.

No-one shall publish or reveal any information, including the name or address of the Appellant likely to lead members of the public to identify him. Failure to comply with this order could amount to a contempt of court.

1. Sections 31-36 of the Nationality and Borders Act 2022 apply in an appeal where the claim for international protection was made after 28 June 2022.

2. In an appeal to which s32 NABA 2022 applies, the proper approach is to address each of the questions posed by the section expressly and sequentially.

3. Question 1 is whether, on the balance of probabilities, the claimant has a characteristic which could cause them to fear for one of the five reasons set out in the Refugee Convention. In simple terms: is there a Convention reason?

4. Question 2 is whether, on the balance of probabilities, the claimant “does in fact fear” such persecution.   This is the ‘subjective fear’ test.

5. Questions 3-5 are matters of objective evaluation and must each be determined on the lower standard of proof: ‘a reasonable degree of likelihood’. Is it reasonably likely that there is:

- a risk of harm

- an absence of state protection, and

- no reasonable internal flight alternative

DECISION AND REASONS