Appeal Number: AA/10145/2014 (MR BSK AND SSHD)

In this appeal Deputy Judge Upper Tribunal Farrelly dismissed the appeal brought by the Secretary of State and concluded that the decision of the First-tier Tribunal allowing the appeal did not involve a material error of law and shall stand. Mr Masood’s submissions were noted as follows:

“Mr Masood submitted that adequate reasons were given at paragraphs 36 through to 38. The judge had set out the circumstances applicable and the family life that existed and concluded it could not continue if the appellant were deported, particularly against the background of the difficult conditions in Afghanistan. He submitted that the respondent’s appeal amounted solely to a disagreement with the outcome of the decision.

Mr Masood sought to reargue the appellant’s asylum claim as raised in the rule 24 notice. In the event that I found an error of law Mr Masood submitted that the appellant should not be returned because he faced a risk of religious persecution in Afghanistan. He contended that the country guidance decision of SL could not be relied upon because it was based on inaccurate data about the situation of Sikhs. He referred me to the decision of DSG and Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) mentioned in his skeleton argument. He said that was raised in the section 24 Notice.”

Read (here).