UI2024004657 [2025] UKAITUR UI2024004657 (17 September 2025)

UI2024004657 [2025] UKAITUR UI2024004657 (17 September 2025)

The appellant, not being in possession of a CSID or INID on return to the IKR, faces a real risk of serious harm contrary to Article 3 ECHR at internal checkpoints, and the fresh evidence provided does not justify departure from binding country guidance.

Citation
[2025] UKAITUR UI2024004657
Parties
Appellant in UT / Respondent in Ft T: Secretary of State for the Home Department; Respondent in UT / Appellant in Ft T: H A
Jurisdiction
United Kingdom
Judgment Date
17 September 2025
Procedural Posture
Immigration Appeal / Remaking of Decision After First Tier Tribunal Decision Set Aside
Outcome
appeal allowed
Legal Topics
Article 3 ECHR, Humanitarian Protection, Feasibility of Removal, Identity Documentation, Country Guidance
Immigration Law Human Rights Law Article 3 ECHR Humanitarian Protection Feasibility of Removal Identity Documentation Country Guidance

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Parties

Secretary of State for the Home Department

Appellant in UT / Respondent in Ft T

H A

Respondent in UT / Appellant in Ft T

Procedural Posture

Immigration Appeal / Remaking of Decision After First Tier Tribunal Decision Set Aside

Legal Issues

  1. 1 Whether the appellant's removal to Iraq/IKR would breach Article 3 ECHR due to lack of identity documentation
  2. 2 Whether the appellant can feasibly be re-documented or access services upon return

Ratio Decidendi

The appellant, not being in possession of a CSID or INID on return to the IKR, faces a real risk of serious harm contrary to Article 3 ECHR at internal checkpoints, and the fresh evidence provided does not justify departure from binding country guidance.

Court Disposition

appeal allowed

Orders

  • Appeal allowed on Humanitarian Protection grounds under Article 3 ECHR.