RP001502016

Anonymity was granted at an earlier stage of the proceedings because the case involves protection issues. We make clear that anonymity was not granted to protect the appellant's reputation following his conviction for criminal offences. However, it is appropriate to continue the order. 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.

For the respondent/appellant: Mr C. Avery, Senior Home Office Presenting Officer

Both parties have been granted permission to appeal to the Upper Tribunal. For the sake of clarity, we will continue to refer to them as they were before the First-tier Tribunal.

The appellant (Mr A) appealed the Secretary of State's decision dated 22 June 2017 to revoke refugee status with reference to Article 1C(5) of the Refugee Convention (cessation), to certify the protection claim with reference to section 72 of the Nationality, Immigration and Asylum Act 2002 ("the NIAA 2002") (refoulement) and to refuse a human rights claim in the context of deportation proceedings.

First-tier Tribunal Judge Callow ("the judge") dismissed the appeal on Refugee Convention grounds. He began by considering the certificate made under section 72 NIAA 2002 and noted that the provision was intended to reflect Article 33(2) of the Refugee Convention. He outlined the relevant legal principles [16-21] and considered whether the appellant had rebutted the presumption that he was a danger to the community with reference to the evidence [22]. He concluded that the appellant failed to rebut the presumption and that section 72 applied [23] in the following terms: