IA012702020

For the Respondent: Mr N Paramjorthy, Counsel instructed by Ravi Solicitors Ltd,

             Pursuant to rule 14 of the Tribun a l Pro c edure (Upper T ribun a l) R u les 2 008, th e party MS is granted anon y mity. No-one shall pu b lis h or reve a l any inf o rm a tion, including the name or address of MS, likely to lead members of the public to identify MS. F a ilu re to com p ly with this orde r could a mount to a co n tempt o f court. MS seeks international protection and is entitled to privacy and publicity might create a risk to her safety.

             MS is a national of Sri Lanka. It is MS's case that if she returned to Sri Lanka she would face persecution from the authorities and she would not be able to get necessary medical treatment and would find life in Sri Lanka exceptionally difficult because of a combination of her circumstances.

             The First-tier Tribunal dismissed the appeal on Refugee Convention and grounds relying on Article 3 of the European Convention on Human Rights but allowed the appeal on grounds relying on Article 8 of the ECHR. Before me both parties are appealing the decision. They are dissatisfied for different reasons.

             Second, it was equally clearly MS's case that her particular circumstances, taking account of her mental health and her being a sole woman in Colombo, would make it unlawful to return her there. Again, I am not commenting on the merits of the case. The point is the case has been clearly raised and just not answered at all adequately. It is impossible to work out why the judge rejected the claim.