UI2023003240

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant should not be identified and 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 the appellant ( and/or other person ). Failure to comply with this order could amount to a contempt of court .

              This is an appeal against the determination of First-tier Tribunal Judge J A Gould, promulgated on 13 th March 2023, following a hearing at Manchester on 6 th March 2023. In the determination, the judge allowed the appeal of the Appellant, whereupon the Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

              The Appellant is a male, who was born on 27 th November 1992, and who claims to be a national of Syria. He appealed against the refusal of asylum and humanitarian protection by the Respondent in a decision dated 17 th March 2021. He alleges that he is at risk on grounds of imputed political opinion and the ongoing country situation in Syria.

              The Appellant claims that his father was killed fighting for YPG against ISIS in March 2014. In March 2015 the YPG tried to recruit him to fight for them. He fled to stay with his uncle in Derik and then left Syria in October 2015. The Respondent refused the application because there had been a previous decision by Judge Gurung-Thapa (PA/04068/2016) so that the starred case of Devaseelan [2002] UKIAT 000702 applied as a starting point to a consideration of the facts now being asserted.