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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> RP001132017 [2018] UKAITUR RP001132017 (21 May 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/RP001132017.html Cite as: [2018] UKAITUR RP1132017, [2018] UKAITUR RP001132017 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: RP/00113/2017
THE IMMIGRATION ACTS
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Heard at Manchester Civil Justice Centre |
Decision & Reasons Promulgated |
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24 April 2018 |
On 21 May 2018 |
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Before
MR C M G OCKELTON, VICE PRESIDENT
Between
SALIM [M]
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Mr J Nicholson, instructed by Greater Manchester Immigration Aid Unit.
For the Respondent: Mrs Aboni, Senior Home Office Presenting Officer.
DETERMINATION AND REASONS
1. This decision is issued with the consent of the parties.
2. T he appellant is a national of Somalia, recognised as a refugee. He has a number of convictions for criminal offences, including two sentences of 12 months imprisonment. He is thus a foreign criminal for the purposes of the UK Borders Act 2007.
3. The Secretary of State proposes to deport him, and as a preliminary decided to revoke his grant of refugee status. The revocation was on the basis of a change of circumstances in Somalia. Her decision was upheld by the First-tier Tribunal on appeal, but the matter is now before me following a grant of permission to appeal against that decision.
4. Mr Nicholson for the appellant and Mrs Aboni for the Secretary of State agreed that the First-tier Tribunal had erred in applying to the appellant the test that would have been appropriate if he was seeking a grant of refugee status rather than resisting a revocation of it: the latter requires not merely the present absence of risk but a lasting change. I agree with the parties in the detection of that error, and I set aside the decision of the First-tier Tribunal.
5. I re-determine the appeal. It is clear to me, and Mrs Aboni did not seek to suggest the contrary, that although there are clear signs of improvement in the situation in Somalia, the evidence before the First-tier Tribunal and before me is not sufficient to establish a lasting change such as would merit revocation of the appellant's status. I therefore allow the appeal against revocation.
C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 16 May 2018.
