UI2024002497

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the Appellant is granted anonymity. No-one shall publish or reveal any information, including the name or address of the Appellant, likely to lead members of the public to identify him or any member of his family. Failure to comply with this order could amount to a contempt of court .

             The Appellant is a national of Iraq, born in July 1997. He appeals with permission against the decision of the First-tier Tribunal (Judge Gumsley) to dismiss his appeal on human rights and protection grounds.

             The Respondent refused to grant any leave on the grounds that the account was not credible. When the Appellant appealed against that decision to the First-tier Tribunal, Judge Gumsley agreed and the appeal was dismissed. The Appellant now appeals on the grounds that Judge Gumsley erred in his approach to credibility, and that he failed to apply the lower standard of proof when assessing risk.

             Judge Gumsley prefaced his findings by directing himself to consider all of the evidence in the round. He stated that he had been mindful of the cultural differences that exist between different countries and that he had been careful not to make assumptions. He also directed himself to be mindful of the fact that whilst a person may seek to exaggerate their claim that did not mean that they are not in fact at risk. Having issued these cautions, he found as follows:

i)               The alleged reaction of the girl's father was consistent with the country background evidence which demonstrates that matters of 'honour' are taken very seriously in Kurdish culture;