RP000672019

For the Appellant: Ms L Appiah instructed by Duncan Lewis & Co Solicitors (Sackville House, London)

The appellant is a national of Somalia. He appealed to the First-tier Tribunal against the respondent's decision of 13 May 2019 revoking his refugee status, and a decision of 23 May 2019 to deport him as a foreign criminal. The judge dismissed his appeal, concluding that the respondent was correct in revoking the appellant's refugee status and not accepting that his appeal under Article 3 of the European Convention on Human Rights could succeed.

Following a note and directions of 16 April 2020 both the appellant and the respondent provided written submissions, and subsequently on 7 July 2020 Upper Tribunal Judge Finch considered the matter on the papers and found an error of law, setting aside the decision of the First-tier Tribunal.

Among other things she noted the limitation in the grant of permission by Upper Tribunal Judge Gill, and a contention made on behalf of the respondent that the grounds could only relate to Article 3. Judge Finch however considered that in fact the appellant was correct in this regard in that the issues before the Tribunal were humanitarian protection and Article 3.

At the hearing before me it was agreed that there was no need to call the character witnesses Mr Blackwood and Mr Hassan, who had both provided witness statements. Mr Tufan was happy for their evidence to stand and that they would not be criticised on the basis that there had not been an opportunity to cross-examine them.