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R (on the application of H) v The Secretary of State for the Home Department ( application of AA (Iraq CG ) IJR [2017] UKUT 119 (IAC)
Mr D Jones, Counsel, instructed by Sutovic Hartigan Solicitors, on behalf of the applicant.
Mr N Chapman, Counsel, instructed by the Government Legal Department, on behalf of the respondent.
A proper reading of the Upper Tribunal's decision in AA (Article 15(c)) Iraq CG [2015] UKUT 544 (IAC) reveals the importance of making findings of fact regarding P's circumstances, in order properly to apply the country guidance in that case. A finding that P cannot currently be returned, owing to a lack of particular travel documentation, will not be determinative of P's claim to international protection if P faces a real risk of serious harm, otherwise than (solely) by reason of P's lack of such documentation.
The applicant, a citizen of Iraq who seeks international protection, challenges the respondent's decision of 10 March 2016 to refuse to accept the applicant's submissions as a fresh claim, pursuant to paragraph 353 of the Immigration Rules. Permission was granted on the papers on 29 July 2016 by Upper Tribunal Judge McGeachy. Following the grant, the respondent produced, on 16 November 2016, a further decision letter in respect of the applicant, which the respondent describes as supplementary to, and which is to be read together with, the decision letter of 10 March.
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