UI2024000166

            This is an appeal by the Secretary of State. For ease of reference, we refer to the parties as they were before the First-tier Tribunal. The Respondent appeals against the decision of First-tier Tribunal Judge Brannan promulgated on 5 December 2023 ("the Decision") allowing, on human rights grounds, but dismissing on asylum grounds the Appellant's appeal against the Respondent's decision dated 28 August 2018 refusing his human rights claims and revoking his protection status as a recognised refugee.

            There is little dispute as to the facts and immigration history which can be shortly stated. The Appellant was born in Somalia in 1983. He came to the UK aged fifteen in 1998 and claimed asylum. He was recognised as a refugee in 2001 and granted indefinite leave to remain. The Appellant says that he has no family, friends or clan contacts in Somalia. His immediate family are in the UK. He is a member of the Reer Hamar clan.

            The Appellant was convicted on two counts of possession/control of an identity document with intent and five counts of dishonestly making a false representation. The offences were ones of benefit fraud. The Appellant was sentenced in 2017 to terms of three months and twenty-seven months to run consecutively therefore totalling a term of two and a half years.

            The Respondent thereafter took revocation/deportation action culminating in the decision here under appeal.

            Although Judge Brannan allowed the Appellant's appeal on Article 3 (and Article 8) grounds based on a risk of destitution and suicide on return, he expressly rejected the Appellant's Article 3 medical claim. In his Rule 24 reply, the Appellant points out that he is unable to appeal that finding as things stand because he has won on Article 3 grounds but makes clear that he intends to pursue that claim in the event that an error of law is found in the Decision and the Decision is set aside.