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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 the appellant. Failure to comply with this order could amount to a contempt of court .
             The appellant appeals with permission against a decision of First-tier Tribunal Judge Gillespie promulgated on 28 January 2023, dismissing his appeal against a decision of the Secretary of State made on 1 October 2021 to dismiss his asylum and protection claim.
             The appellant's case is that he is a gay man and is at risk on return to Ghana on account of his sexuality. It is also part of his case that his brother who is also a gay man was killed when it was discovered by family that they were both gay. The appellant had made a previous claim for asylum which was also refused and his appeal against that was dismissed by First-tier Tribunal Judge Grimes subsequent to a hearing on 12 January 2021.
             The Secretary of State did not accept that the appellant is gay, and on that basis applying the test in HJ (Iran) v SSHD [2010] UKSC did not accept he was at risk noting that the appellant had failed at the first stage of that test.
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