UI2023000018

            Whilst it is the Respondent who is seeking leave to appeal today, I have hereinafter referred to the parties as they were identified in the First-tier Tribunal. JM will be referred to as the Appellant and the Secretary of State for Home Department will be referred to as the Respondent.

            The Appellant is a national of Iran, date of birth 29 November 1990, who on 15 September 2017, 3 December 2018 and 29 January 2019 made fresh submissions for asylum based on his conversion to Christianity. The Respondent refused his application to set aside his deportation order in a decision dated 22 July 2022 because the Respondent was not satisfied the Appellant was a genuine Christian convert or someone who would be at risk of persecution.

            The case was listed before Judge of the First-tier Tribunal Evans (hereinafter referred to as the FTTJ) on 7 December 2022 who subsequently allowed the Appellant's appeal under the Refugee Convention and on human rights grounds.

            The Respondent sought permission to appeal on 14 December 2022 arguing the FTTJ had erred by reaching a perverse decision on a material matter. Permission to appeal was initially refused by a First-tier Tribunal Judge on 30 December but following a renewed application Upper Tribunal Judge Jackson granted permission to appeal stating:

            Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (512008 /269) an Anonymity Order is made. Unless the Upper Tribunal or Court orders otherwise, no report of any proceedings or any form of publication thereof shall directly or indirectly identify the original Appellant. This prohibition applies to, amongst others, all parties.