Why Shouldn’t I Expect An Iraqi Appeal Based On A Claim For Humanitarian Protection To Be Allowed By The Tribunal?

There should be no lack of confidence in appearing before Tribunal Judges with an  expectation  that Humanitarian Protection appeals from  Iraq nationals originating from one of the “contested areas” should  be allowed.  In practice, it appears  First Tier Tribunal Judges are allowing such appeals- how regularly is not clear.   The Home Office are however on the other hand,  apparently routinely refusing  asylum and humanitarian protection claims  from Iraqi  nationals,  even those accepted to originate  from  the contested  areas.  The  basis of  their  position?  Their own country policy and information notes which conveniently  bind Home Office decision-makers at  first instance.

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Is the Upper Tribunal seeking to break free from an overly statutory prescriptive approach in Article 8 Family Children Cases?

The recent decision  of Kaur (children’s best interests / public interest interface) [2017] UKUT 14 (IAC) by Mr Justice McCloskey  makes very interesting reading.

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