UI2023003356

             The appellant, a citizen of Pakistan, appeals with the permission of Judge Parkes against the decision of Judge Burnett promulgated on 9 June 2023 who dismissed the appellant's appeal against the respondent's decision of 9 January 2018 to refuse his human rights' claim made consequent on the respondent's decision to deport him.

             The appellant appealed the refusal of his human rights claim, but the appeal was dismissed in April 2018. He appealed to the Upper Tribunal who found errors of law and, by decision promulgated in August 2019, remitted the appeal to the First-Tier Tribunal.

             The appellant was in person at the hearing before Judge Burnett. He attended alone, saying that his representative had withdrawn due to no communication, and he was not able to obtain a representative [11]. His mother and sister who had assisted him in the past, were not present at the hearing, the appellant said because they did not want to proceed without a representative [12].

             Judge Parkes did not restrict the grant of permission. He also said that he could not see any consideration as to whether the appellant was to be treated as a vulnerable witness, and it was arguable on that basis that the judge may have erred.

         Ms Fisher also submitted that the judge's findings of fact were vitiated by the lack of consideration of the expert reports, which were relevant to obstacles to integration into Pakistan and may have led to a different conclusion on the facts and they were also relevant for the proportionality balance. The appellant's claim about his sexuality also was dismissed in a brief paragraph with little reasoning.