HA (Iraq) v Secretary of State for the Home Department

JurisdictionEngland & Wales
JudgeLord Justice Longmore
Judgment Date14 February 2011
Neutral Citation[2011] EWCA Civ 311
CourtCourt of Appeal (Civil Division)
Date14 February 2011
Docket NumberCase No: C5 / 2010 / 2446

[2011] EWCA Civ 311

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE UPPER TRIBUNAL

(IMMIGRATION AND ASYLUM CHAMBER)

Before: Lord Justice Longmore

Case No: C5 / 2010 / 2446

[APPEAL No: IA/28468/2009]

Between
HA (Iraq)
Appellant
and
Secretary of State for the Home Department
Respondent

The Appellant appeared in person, assisted by an interpreter.

The Respondent did not appear and was not represented.

Lord Justice Longmore

Lord Justice Longmore:

1

This applicant seeks permission to appeal from the judgment of the Upper Tribunal of 5 August 2010. He was born in April 1974. He came to this country and claimed asylum in March 2001. He claimed that he was persecuted in Iraq and that he feared that he would be persecuted if he returned, but his claim was rejected and he appealed but his appeal was dismissed in January 2003.

2

He asked for leave to remain in this country and he did remain here for a number of years but eventually his application for leave to remain was refused. He appealed to a First-tier tribunal who dismissed his appeal. He then got permission to appeal to the Upper Tribunal but the Upper Tribunal also dismissed his appeal. On both occasions he had solicitors to represent him and they applied for permission to appeal to this court. That application was refused on paper and now he has renewed his application orally today in person but with the assistance of Mr Ninam, the interpreter.

3

So I now have to consider whether he should be granted permission to appeal. Since it is an application for a second appeal I have to be persuaded that the appeal would raise an important point of principle or practice or there is some other compelling reason for the Court of Appeal to hear it. That is a difficult test. Mr A has said to me that he cannot find work or accommodation; that his partner lives with her parents for those reasons; that he has been here for 11 years; he has not committed any crime; that he had a bad life in Iraq and hopes to stay here so that he can have a better standard of life in England. I am very sympathetic to the applicant but I fear that there is no point of law let alone any important point of principle or...

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