UI2023002430

             This is the appeal of the Secretary of State against the First-tier Tribunal's decision to allow the appeal of Md Abu Taleb, a citizen of Bangladesh born 24 December 1979, brought on the grounds of having established twenty years of unlawful residence in the UK.

             Mr Taleb subsequently claimed asylum and the application having been refused, brought an appeal which was dismissed by Judge Housego on 15 May 2017, who concluded that Mr Taleb's account of facing persecution due to his membership of the BNP was fabricated, placing weight on the absence of supporting witnesses who could attest to his asserted attendance at demonstrations over the previous sixteen years.

             At times in the course of the previous appeal proceedings the Secretary of State has contended that Mr Taleb has a criminal history, which he has consistently denied. The Secretary of State no longer maintains that allegation having failed to establish any connection between Mr Taleb and the asserted convictions.

             The Secretary of State appealed on the grounds that the First-tier Tribunal had erred in law by failing to treat the material now provided on the appeal with appropriate circumspection given it could have been produced at an earlier appeal hearing. The Judge was wrong to state that the Secretary of State was not relying on the principles articulated in Devaseelan [2002] UKAIT 000702. The bare finding that Mr Taleb's evidence was credible because of its consistency failed to do justice to the Home Office case.

             Permission to appeal was granted on 4 July 2023 by the First-tier Tribunal on the basis that the Secretary of State's case based on previous findings adverse to Mr Taleb had not been given adequate consideration.