RP001502016 [2019] UKAITUR RP001502016 (11 April 2019)

RP001502016 [2019] UKAITUR RP001502016 (11 April 2019)

The First-tier Tribunal's decision, despite weaknesses in reasoning, was within the range of reasonable responses to the evidence and did not involve a material error of law; the appellant's conviction and sentence triggered the statutory presumption under section 72, and the Article 3 risk assessment was sufficiently supported by the evidence.

Citation
[2019] UKAITUR RP001502016
Parties
Appellant/respondent: A A; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
United Kingdom
Judgment Date
11 April 2019
Procedural Posture
Immigration and Asylum Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Appeal dismissed; First-tier Tribunal decision upheld.
Legal Topics
Revocation of Refugee Status, Deportation, Article 3 ECHR, Section 72 NIAA 2002, Humanitarian Protection, Cessation of Refugee Status, Particularly Serious Crime, Danger to the Community
Immigration Law Human Rights Law Revocation of Refugee Status Deportation Article 3 ECHR Section 72 NIAA 2002 Humanitarian Protection Cessation of Refugee Status +2 more

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Parties

A A

Appellant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Immigration and Asylum Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the appellant's conviction constituted a 'particularly serious crime' under section 72 NIAA 2002
  2. 2 Whether the appellant posed a danger to the community
  3. 3 Whether removal would breach Article 3 ECHR

Ratio Decidendi

The First-tier Tribunal's decision, despite weaknesses in reasoning, was within the range of reasonable responses to the evidence and did not involve a material error of law; the appellant's conviction and sentence triggered the statutory presumption under section 72, and the Article 3 risk assessment was sufficiently supported by the evidence.

Court Disposition

Appeal dismissed; First-tier Tribunal decision upheld.

Orders

  • The First-tier Tribunal decision shall stand.