UI2022005149

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 the appellant. Failure to comply with this order could amount to a contempt of court .

            The appellant in the appeal before me is the Secretary of State for the Home Department ("SSHD") and the respondent to this appeal is HMK. However, for ease of reference, in the course of this decision I now adopt the parties' status as it was before the FtT.  I refer to HMK as the appellant, and the Secretary of State as the respondent.  

            Following his return to the UK, the appellant made further submissions to the respondent. Although the respondent again rejected the claim for international protection for reasons set out a decision dated 3 September 2021, the respondent accepted the further submissions amount to a fresh claim, giving rise to a further right of appeal.

Considering all the above, I find the Appellant's claim to be a genuine refugee in need of international protection to be well founded. I find that there is a real risk that he will suffer persecution on return to Iraq , and so his claim succeeds on asylum grounds. As I have allowed his appeal on asylum grounds, I do not need to consider his claim to humanitarian protection. I find that returning him to Iraq would cause the United Kingdom to be in breach of its obligations under Articles 2 and 3 of the ECHR."