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Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/269) I make an anonymity order. Unless the Upper Tribunal or a Court directs otherwise, no report of these proceedings or any form of publication thereof shall directly or indirectly identify the appellant in this determination identified as WW. This direction applies to, amongst others, all parties. Any failure to comply with this direction could give rise to contempt of court proceedings
The appellant, a non-Arab Darfur Sudanese citizen born in 1987 came to the UK in 2005 and claimed asylum. Although his asylum claim was initially refused, he was eventually recognised as a refugee in November 2010 with leave to remain until 24 th November 2015. He did not apply to extend his leave to remain, although his refugee status continues until revoked.
The First-tier Tribunal judge correctly considered the s72 certificate first and then went on to consider the other elements of the appellant's claim. The judge found
• The appellant failed to rebut the s72 presumption that he is and remains a danger to the community;
• There was insufficient evidence to support the revocation of his refugee status such that the appellant made out his Refugee Convention claim as a non-Arab Darfuri from the Berti tribe (not on the grounds of his political activity or opinion), but he was, because of the s72 certificate, excluded from protection.
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