Tuesday 12th July 2022
Second appeal. National of Pakistan. Refusal of claims on asylum, protection and human rights grounds. Risk on return due to involvement or perceived involvement with the JKSLF and UKPNP. He claims to have been arrested and detained on several occcasions. He had fled to Dubai in 2009 after discovering an arrest warrant and FIR but then returned to Pakistan. He entered the UK in December 2011 with a student visa. Prior to the expiry of that visa in 2013 the applicant made applications for further leave which were refused. In 2016 he contracted tuberculosis and he was arrested at his sister’s house and detained. He claimed asylum in 2016 whilst in detention claiming that he was still at risk due to the FIR and arrest warrant.
The First Tier Tribunal (FTT) dismissed the appeal and the Upper Tribunal remitted the matter to the FTT.
The FTT dismissed the appeal. It was not credible that the applicant would have returned from Dubai or that he managed to pay a bribe to be allowed through the border. The reports of the applicant’s activities were staged. The claim was not credible and also failed on Article 8 ECHR grounds.
The UT dealt with the error of law hearing on paper with the consent of the parties. It dismissed the appeal finding no error of law.