UI2024001296

            The Appellant is a national of Iraq. He arrived in this country in 2016 and claimed asylum for reasons unconnected to his current appeal. His current appeal was based on his fear the authorities were treating him as a "Turkish" spy and an arrest warrant had been issued for his arrest by the Iraqi authorities. He claimed that if he were returned to Iraq he would be arrested, questioned and he would face persecution.

            The Respondent refused his application in a decision sent out on 12 January 2023 stating that whilst the Respondent accepted the arrest warrant he had produced was genuine the Respondent submitted it had been obtained through corruption.

            The Appellant appealed this decision arguing that he would be at risk of persecution or alternatively the prison conditions would breach article 3 ECHR.

            His appeal originally came before Judge of the First-tier Tribunal Joshi (hereinafter called the FTT Judge) who in a decision promulgated on or around 22 December 2023 dismissed his appeal. Permission to appeal that decision was granted by First-tier Tribunal Judge Seelhof on 20 March 2024 and the matter came before me on 16 May 2024.

            On 16 May 2024 I found merit in Mr Sowerby's submission that the FTT Judge should have considered why no action would be taken by the authorities on the warrant once it and associated proceedings had been created at the courts. The permission identified issues that should have been considered given there is a difference between persecution and prosecution.