UI2022005063

Anonymity was granted by the First-tier Tribunal. I have not been asked to rescind that order. I have considered the principles of open justice. I am of the view that it is in the interests of justice that order continues. Unless and until a tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of his family. This direction applies both to the appellant and to the respondent.

              The appellant was granted permission to appeal against the decision of Judge of the First-tier Tribunal H Graves ("the judge") promulgated on 2 September 2022 dismissing his appeal against the decision of the respondent on 11 November 2020 to refuse his claim on protection and human rights grounds. Permission was granted by First-tier Tribunal Judge Hatton on 24 October 2022. Thus, the matter comes before me to determine whether the judge made an error of law.

              Before the judge, the parties agreed the protection appeal turned on whether the appellant is an Afghan national, and this was the primary focus of the evidence. The judge heard evidence from the appellant through the assistance of a Punjabi interpreter, and from the appellant's partner, her cousin and the appellant's family friend. The judge also had before her documentary evidence and a linguistic report relied upon by the appellant.

              The judge then considered the appeal under Article 8 both within and outside of the Immigration Rules and gave this short shrift in view of her adverse findings [(at (153)-(156)].

              Whilst the appellant was granted permission to appeal on all grounds, it was grounds 1, 3 and 10 that was the subject of comment in the grant of permission.