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       This is the re-making of the decision in the appellant's appeal, following the setting aside, in part, of the decision of First-tier Tribunal Judge O'Keeffe which had dismissed the appellant's appeal against the respondent's decision to refuse his asylum and human rights claim.
       The appellant is a national of Afghanistan, born on 14 December 1973. He arrived in the UK on 29 January 2020 and claimed asylum on 10 February 2020. His claim was refused on 5 August 2022 and his appeal against that decision was dismissed on 1 November 2023 by First-tier Tribunal Judge O'Keeffe. The appellant appealed against that decision.
       The respondent, in refusing the appellant's claim, did not accept that he was from Afghanistan and did not accept his claim about his step-brothers being members of the Taliban and threatening him. The respondent did not accept that the appellant would be at risk in Afghanistan or that his removal from the UK would breach his human rights.
       Permission was refused in the First-tier Tribunal but was granted upon a renewed application in the Upper Tribunal.
       The matter came before Upper Tribunal Judge Kopieczek and Deputy Upper Tribunal Judge Haria sitting as a panel, on 13 May 2024. Mr Lams represented the appellant before the Upper Tribunal. He referred to the fact that the respondent had not effected any removals to Afghanistan since August 2021.
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