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For the Appellant: Mr M McGarvey, Counsel, instructed by Crowley & Co Solicitors
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 was granted permission to appeal the decision of First-Tier Tribunal Judge CH O'Rourke dismissing his appeal, following a hearing which took on 20 July 2021.
In light of the above, I set the judge's decision aside. In doing so, I expressly preserve the findings of fact set out at paragraph 27 of the judge's decision, together with that relating to the opportunistic nature of the Appellant's sur place activities, as they stood at the date of the judge's decision in July 2021. There is nothing unfair or artificial about doing this. The findings were plainly open to the judge and in any event have not been challenged on appeal.
(7) Kurds involved in Kurdish political groups or activity are at risk of arrest, prolonged detention and physical abuse by the Iranian authorities. Even Kurds expressing peaceful dissent or who speak out about Kurdish rights also face a real risk of persecution or Article 3 ill-treatment.
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