UI2021001235

An anonymity order was previously made the First-tier Tribunal Judge Wilsher. However, having ascertained that the applicant's fear of Article 3 ECHR harm is a lack of documentation in order to allow him to travel safely through Iraq, in accordance the Guidance Note 2022 No 2 and given the importance of open justice both parties agreed that it is appropriate to lift the anonymity order.

       This appeal comes before me for re-making. I set aside that part of the decision of First-tier Tribunal Judge Wilsher dated 15 October 2021 dismissing the appeal on Article 3 ECHR grounds for the reasons given in my error of law decision annexed to this decision at Appendix A.

       Various findings were preserved. These will be dealt with in due course.

       The only remaining issue in this appeal is whether it would be a breach of Article 3 ECHR for the appellant to be returned to Iran because he is unable to get hold of his original CSID and therefore cannot travel safely to his home area in order to obtain an INID.

       This appeal has a lengthy procedural history. There was a delay between listing the appeal for re-making after the error of law decision. When the appeal was listed for hearing, the country guidance had changed. The first hearing was converted to a case management hearing because the respondent had failed to comply with directions and raised new issues late in the day. The second re-making hearing was adjourned because the incorrect interpreter had been booked.