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The appellant appeals with permission against a decision of First-tier Tribunal Judge Gribble, promulgated on 23 October 2017, in which the Judge allowed the appellant's appeal on human rights grounds.
The appellant was born on [ ] 1989 and is a citizen of Somalia. He arrived in the United Kingdom with his twin brother and younger sister on 16 July 2003 aged 13 and claimed asylum. The appellant was initially granted a period of discretionary leave although succeeded on appeal before the First-tier Tribunal against the refusal of refugee status as a result of which, on 6 July 2004, the appellant was granted refugee status and indefinite leave to remain in the United Kingdom.
The Judge sets out the appellant's background and evidence provided by both parties to the appeal before setting out findings of fact from [37] of the decision under challenge.
The Judge correctly identified the first issue to be considered was the section 72 certificate in light of the appellant's offending which triggered the automatic deportation provisions. At [42] the Judge writes "taking these factors into account I find that the section 72 presumption is successfully rebutted". The Judge did not find that the appellant constituted an ongoing danger to the community of the United Kingdom.
(i) at [44] that he was satisfied the appellant could not return to his home area because he would be at risk of persecution for his imputed religious opinion.
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