UI2022005652

As the underlying claim to this appeal concerns an appellant previously granted refugee status, 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 is a national of Sudan. She arrived in the UK on 12 November 2014 and claimed asylum. In summary, she claimed to be at risk in Sudan as a member of the Berti Tribe and as a 'non-Arab Darfuri.' She was granted refugee status on 7 May 2015. On 1 November 2021, the respondent made a 'cessation of refugee status' decision, the effect of which is that the appellant no longer has refugee status and may be required to leave the UK.

            The appellant's appeal against that decision was dismissed by First-tier Tribunal ("FtT") Judge Grimes ("the judge") for reasons set out in a decision dated 5 October 2022. The appellant claims the decision of the FtT is vitiated by material errors of law. In summary, the appellant claims: (i) the judge failed to follow the approach to cessation in Article 1(C) of the Refugee Convention as set out in PS (cessation principles) [2021] UKUT 283 ; and (ii) erroneously reversed the burden of proof.

            Permission to appeal to the Upper Tribunal was granted by Upper Tribunal Judge Kopieczek on 27 March 2023. He said:

"2. Because the grounds of application to the Upper Tribunal incorporate by reference the initial grounds to the First-tier Tribunal I have also considered them. Those grounds take issue with Judge Grimes' assessment of the appellant's account in relation to the Sudanese passport used to travel to Sudan.