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For the Appellant: Mr T Hussain, Counsel instructed by Barnes Harrild & Dyer Solicitors
             This is an appeal, brought with permission of the First-Tier Tribunal, from the Decision of First Tier Tribunal Judge Davey ("the Judge") promulgated on 2 May 2023. By that Decision, the Judge dismissed the Appellant's appeal from the Secretary of State's decision refusing to recognise him as a refugee, or as a person otherwise requiring international protection.
             The Appellant is a national of Iraq of Kurdish ethnicity. His claimed date of birth of 14 September 2001 is disputed by the Respondent. Following his last arrival in the United Kingdom (UK) he claimed asylum in 2020 (a previous claim made in 2019 was treated as withdrawn).
             In his omnibus conclusion the Judge found the Appellant's claim "was false and fabricated". The Judge did not accept the Appellant was undocumented and nor did he accept that his presence at demonstrations in the UK against the corruption within the KRG presented a risk on return. As for the claim under Article 8 ECHR the Judge considered that the mere dint of the Appellant's presence in the UK was insufficient to surmount a claim on that basis either within or outside of the Immigration Rules.
             The Appellant's representatives applied on his behalf for permission to appeal to the Upper Tribunal and permission was granted by the First-tier Tribunal on 23 June 2023.
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