RP001512017

This appeal is brought in part on protection grounds. Accordingly, it is appropriate that the Appellant's details be protected. Unless and until a tribunal or court directs otherwise, the Appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify the Appellant or any member of his family. This direction applies both to the Appellant and to the Respondent. Failure to comply with this direction could lead to contempt of court proceedings.

By a decision promulgated on 25 January 2019, the Tribunal (the Hon Lord Beckett and Upper Tribunal Judge Freeman) found an error of law in the decision of First-tier Tribunal Judge Swaney promulgated on 16 October 2018. By her decision, Judge Swaney allowed the Appellant's appeal against the Respondent's decision dated 23 November 2017 revoking the Appellant's protection status, and refusing his human rights claim made in the context of a decision to deport the Appellant to Afghanistan.

So it was that this appeal came before us for the resumed hearing. We had a consolidated bundle for the hearing to which we refer below as [AB/xx]. That contains the updated report from Mr Thomas J Sobel, MA, MBACP dated 17 February 2020 ("the Medical Report") in relation to the Appellant's mental health ([AB/618-633]) and the updated report of Dr Antonio Giustozzi dated 30 January 2020 ("the Expert Report") in relation to the situation in Afghanistan ([AB/567-610]). We also have a Respondent's bundle to which we refer below as [RB/xx].

When the hearing resumed, Ms Cunha indicated that she did not wish to cross-examine the Appellant's father. There was short cross-examination of the Appellant. We deal with his evidence below so far as it is necessary for us to do so.

Following Ms Cunha's submissions, we adjourned to consider whether we needed to hear from Ms Capel since we had carefully considered her written submissions in advance of the hearing. We concluded that we did not need to hear from her. We indicated, having also carefully considered Ms Cunha's oral submissions that we would allow the Appellant's appeal. We indicated that we would provide the reasons for our decision in writing which we now turn to do.