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For the Appellant: Mr P Lewis of counsel, instructed by Birnberg Peirce Solicitors
This is a protection appeal. 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 Jamaican national who appeals from the decision of the First-tier Tribunal promulgated on 19 December 2023 dismissing his protection and human rights appeal. The core of the Appellant's claim was the risk of harm by criminal gangs in Jamaica.
             The central issue in this appeal is the standard of proof to be applied in protection or Article 3 ECHR cases involving the risk of harm by non-state actors. For the reasons set out below, we have concluded that the First-tier Tribunal misdirected itself as to the standard of proof and erred in dismissing the Appellant's appeal, and we have set aside the decision.
             As it was common ground both before the First-tier Tribunal and before us that the Appellant faced a real risk of harm on return and that there was a real risk that he would not be able to access the Jamaican witness protection programme, we have allowed the appeal.
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