UI2023004934

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 an Iraqi national of Kurdish origin. He appeals against the decision of First-tier Tribunal Judge Thapar ("the Judge") dated 5 October 2023, by which he dismissed his appeal on asylum and human rights grounds against the decision of the Respondent dated 30 September 2022 to refuse his fresh claim. Permission to appeal and an extension of time for appealing were granted on 17 November 2023 by First-tier Tribunal Judge Pickering on all grounds.

             The Appellant's claim, in very short summary, was that he is at risk of persecution and ill treatment in Iraq as a result of his imputed political opinion and/or lack of relevant documentation and that his removal would breach Articles 3 and/or 8 on the grounds of his severe mental ill-health.

             The Judge granted the Appellant anonymity "because the Appellant has made a protection claim". I note that this is not, without more, a proper basis to derogate from the open justice principle: Kambadzi v SSHD [2011] UKSC 23 . Nonetheless, I consider it appropriate to make an anonymity order in this appeal (in the terms set out above) by virtue of the nature of his claimed vulnerabilities and risk of their exacerbation if he is named in these proceedings.