UI2023001986

             The Appellant is a national of Iraq born in 1984.

             I am now asked to remake the decision in the appeal. For the purpose of this appeal Mr Holmes was prepared to accept that the approach taken by Judge Jackson was, on the present state of authority, correct. He has however reserved his position on whether the principles in Begum should in fact be applied to cases in which the Secretary of State alleges deception: s40(3) British Nationality Act 1981. That reservation duly recorded, I proceed to consider and determine the issues raised by Mr Holmes' superlative submissions.

             The Secretary of State's case is that the Appellant benefitted from a policy or practice, adopted at that time, to grant ELR to all Iraqis from GOI controlled territory. That was why his place of origin is so important to this case. Mr Bates states that at the time of his asylum claim the Appellant consistently said that he was from Makhmour, whereas latterly he submitted documents to the Home Office, in support of passport applications for his children, which indicate that he is from Erbil. Those documents are:

i)               An extract from the 'family book' (civil register) in Iraq dated the 4 th May 2016. It shows the Appellant as the 'head of family', and underneath the names of his wife and two children. For each the place of birth is recorded as 'Erbil'.

ii)             An extract from the 'family book' (civil register) in Iraq dated the 4 th July 2019 which also gives the Appellant's place of birth as Erbil;