UI2023004772

            The Appellant appeals against the decision of First-tier Tribunal Judge M B Hussain ("the judge") promulgated on 13 September 2023 ("the Decision") dismissing the Appellant's appeal against the Respondent's decision dated 14 September 2022 refusing his human rights claim.

            The judge gave the Appellant's representations short shrift at [13]-[15]. The judge found the Appellant is a national of Vanuatu; that his nationality was not time limited and that he could seek legal advice if he believed that he was stateless. In his concluding paragraphs the judge said:

"16. The appellant takes issue with the respondent's claim that he can be returned to Vanuatu now that travel restrictions are over. The appellant states that that is not so and that fact is recognised in the Home Office granting him Exceptional Assurance Leave. The grant of this leave does not in my view prove that there are no flights available to Vanuatu. The burden of proof is on the appellant to show that he has a legitimate claim to remaining in this country. He has not made good his case.

The appellant can only succeed outside the Immigration Rules if he is able to show that his circumstance is exceptional, meaning not to grant him leave would result in unjustifiably harsh consequences. There is no evidence before me from which I can infer that not to grant the appellant leave would result in unjustifiably harsh consequences."

The grounds of appeal are drafted by the Appellant himself. In consequence they are not delineated into separate heads of challenge, but they can be paraphrased as follows: