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Iraqi asylum fresh claim refusal overturned by Upper Tribunal


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Official headnote:

A proper reading of the Upper Tribunal’s decision in AA (Article 15(c)) Iraq CG [2015] UKUT 544 (IAC) reveals the importance of making findings of fact regarding P’s circumstances, in order properly to apply the country guidance in that case. A finding that P cannot currently be returned, owing to a lack of particular travel documentation, will not be determinative of P’s claim to international protection if P faces a real risk of serious harm, otherwise than (solely) by reason of P’s lack of such documentation.

If the use of the letter “P” is supposed to make this clearer, more intelligible and communicate the meaning better to the general public, it fails abysmally.

In short, the decision emphasises the importance of an individual assessment in all cases so that Country Guidance can be properly and meaningfully applied.

Source: H, R (on the application of) v The Secretary of State for the Home Department (application of AA (Iraq) CG [2017] UKUT 119 (IAC) (14 February 2017)

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.