United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Asylum and Immigration tribunal-b&w-tiff

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/12341/2019

 

 

THE IMMIGRATION ACTS

 

 

At Field House	Promulgated
On 15 August 2022	On 22 September 2022

 

 

Before

 

UPPER TRIBUNAL JUDGE PLIMMER

 

 

Between

 

AJ

ANONYMITY DIRECTION MADE

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

Appellant: Mr Eaton, Counsel

Respondent: Mr McVeety, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

At the beginning of the hearing Mr McVeety conceded that the appellant's appeal must be allowed on Article 3, ECHR and Humanitarian Protection grounds on the basis that the SSHD accepted that his circumstances are such that he would be unable to obtain the necessary documentation in order to avoid serious harm in the light of the country guidance in SMO (civil status determination; Art 15) Iraq CG [2022] UKUT 110 (IAC). Mr McVeety was entirely correct to make that concession for the reasons he outlined and I accept the SSHD's concession. It was accepted that this appellant's area of origin is Hawija in the city of Kirkuk.

 

Decision

I therefore remake the decision by allowing the appellant's appeal on human rights and humanitarian protection grounds.

 

 

Signed:

 

Ms M. Plimmer

Judge of the Upper Tribunal

 

Date:

15 August 2022