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Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008
Unless and until a Tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of his family. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.
The first issue before the FtT in the case before her, noting the very serious offences of which the Claimant had been convicted, was whether the Claimant had rebutted the presumption under section 72(2) of the Nationality, Immigration and Asylum Act 2002. The presumption that the Claimant became a 'refoulable' refugee applied as he had been convicted in the UK and sentenced to a period of imprisonment of at least 2 years, so it was presumed that he had been convicted of a particularly serious crime and remained a danger to the community of the UK.
The FtT upheld the Secretary of State's certification of the Claimant's case under section 72. In doing so she concluded that he remained a danger to the community of the UK ([19]). That aspect of her decision is not the subject of an appeal to the Upper Tribunal.
"The appeal is allowed on the basis that the respondent's decision to revoke the appellant's refugee status breaches the UK's obligations under the Refugee Convention."
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