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For the Secretary of State: Ms. J. Webb, Senior Home Office Presenting Officer. For the Respondent: Ms. C. Kilroy, of Counsel, instructed by Gill & Co. Solicitors.
(ii) in paragraphs 32 to 33, the Adjudicator assessed the risk on return on the basis that the Claimant would be returned to southern Iraq and gave the reasons why she was assessing the risk on return on this basis. Leave to appeal was granted in relation to this aspect of the Determination.
The ROP then records the Presenting Officer's submissions. Towards the end of the Presenting Officer's submissions, the ROP records:
Miss Kilroy therefore applied at the hearing before us for leave to cross appeal the Adjudicator's findings of fact at paragraphs 26 to 31 of the Determination. If we were with her on this issue, Miss Kilroy requested that the appeal be remitted for a re-determination, with a direction that it should not be heard until the situation in Iraq becomes clearer.
In Miss Kilroy's submission, (a) and (c) were not dependent on whether leave to cross-appeal was granted.
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