UI2023004709

             Anonymity was ordered by the First-tier Tribunal and that order continues in force.

             The Secretary of State appeals with the permission of Deputy Upper Tribunal Judge Thomas KC against the decision of First-tier Tribunal Judge M L Brewer ("the judge"). By her decision of 19 September 2023, the judge allowed ASA's appeal against the respondent's refusal of his claim for international protection. The appeal was allowed on Refugee Convention and Articles 3 and 8 ECHR grounds.

             To avoid confusion, I shall refer to the parties as they were before the First-tier Tribunal: ASA as the appellant and the Secretary of State as the respondent.

             The appellant is a national of Jordan. He first entered the United Kingdom on or around 8 January 2009 and claimed asylum on 9 April 2009. The appellant's claim was refused by the respondent and his appeal against that decision was dismissed by the First-tier Tribunal on 6 October 2010 ("the first appeal"). In the first appeal it was not accepted, amongst other things, that the appellant had been sentenced to 8 years imprisonment for unlicensed trading in Jordan, and, that he would be subject to state persecution.

             Subsequently, the appellant made a fresh claim arguing that he risked ill-treatment if detained in Jordan, which was assessed by the respondent in 2011. At [11] the judge cited a minute recorded by the respondent in which it was stated "...It is my opinion that there is a reasonable degree of likelihood that the appellant may be subjected to treatment which will breach his Article 3 rights...".