UI2022005916 & UI2023001526 [2023] UKAITUR UI2022005916 (28 September 2023)

UI2022005916 & UI2023001526 [2023] UKAITUR UI2022005916 (28 September 2023)

The Upper Tribunal found no error of law in the First-tier Tribunal's decision. The judge was entitled to reject the appellant's claim to be at risk as a bisexual man based on lack of credible evidence, and to find no real risk of re-trafficking or serious harm in Jamaica. The judge's application of the 'unduly harsh' test under Article 8 ECHR was correct and adequately reasoned. Both the appellant's and Secretary of State's appeals were dismissed.

Citation
[2023] UKAITUR UI2022005916
Parties
Appellant (and Respondent): TT (Jamaica); Respondent (and Appellant): Secretary of State for the Home Department
Jurisdiction
United Kingdom
Judgment Date
28 September 2023
Procedural Posture
Appeal (immigration and Asylum) / Upper Tribunal (immigration and Asylum Chamber) Decision on Appeals From First Tier Tribunal
Outcome
Both appeals dismissed; First-tier Tribunal decision upheld.
Legal Topics
Deportation, Asylum Based on Sexual Orientation, Human Trafficking and Modern Slavery, Article 8 ECHR (right to Private and Family Life), Article 3 ECHR (prohibition of Torture), Article 2 ECHR (right to Life), Credibility Assessment, Vulnerability of Witnesses, Best Interests of the Child, Unduly Harsh Test, Protection Claims, Humanitarian Protection
Immigration Law Human Rights Law Asylum Law Deportation Asylum Based on Sexual Orientation Human Trafficking and Modern Slavery Article 8 ECHR (right to Private and Family Life) Article 3 ECHR (prohibition of Torture) +7 more

Case Brief

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Parties

TT (Jamaica)

Appellant (and Respondent)

Secretary of State for the Home Department

Respondent (and Appellant)

Procedural Posture

Appeal (immigration and Asylum) / Upper Tribunal (immigration and Asylum Chamber) Decision on Appeals From First Tier Tribunal

Legal Issues

  1. 1 Whether the appellant is at risk of persecution in Jamaica as a bisexual man
  2. 2 Whether the appellant is at risk of re-trafficking and criminal exploitation upon return to Jamaica
  3. 3 Whether the appellant's deportation would breach Article 8 ECHR rights due to impact on his British child and partner

Ratio Decidendi

The Upper Tribunal found no error of law in the First-tier Tribunal's decision. The judge was entitled to reject the appellant's claim to be at risk as a bisexual man based on lack of credible evidence, and to find no real risk of re-trafficking or serious harm in Jamaica. The judge's application of the 'unduly harsh' test under Article 8 ECHR was correct and adequately reasoned. Both the appellant's and Secretary of State's appeals were dismissed.

Court Disposition

Both appeals dismissed; First-tier Tribunal decision upheld.

Orders

  • The appeal of the appellant against the refusal of his protection appeal is dismissed.
  • The appeal of the Secretary of State against the refusal of the Article 8 appeal is also dismissed.