UI2024001101

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, [the Appellant] ( and/or any member of his family, expert, witness or other person the Tribunal considers should not be identified ) 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 .

              At the resumed hearing of the appeal on 1 October 2024, having taken time to consider the evidence and the skeleton of Mr Nathan on behalf of the Appellant dated 26 September 2024, Ms Cunha accepted that there would be an insurmountable obstacle to family life if the Appellant were required to return to Honduras and she therefore accepted that there would be an Article 8 breach. However, the Secretary of State maintained her position in respect of the asylum application.

              In response Mr Nathan submitted whilst he was constrained by the nature of the re-making process, the Appellant had given evidence of risk to him on return in 2018 to Honduras albeit that had not been found to be credible. However, his former gang involvement between 2006 and 2009 had been accepted and it was based on that limited gang involvement that Dr Rivera had made her findings in her expert reports. Mr Nathan maintained the Appellant would be at risk of persecution on return to Honduras.

              I reserved my decision on asylum but indicated in light of Ms Cunha's helpful concession that the appeal would be allowed on Article 8 grounds.