Shoba Aziz, instructed by Topstone Solicitors, successfully represented a vulnerable Appellant who was facing revocation of his refugee status.

The Appellant came to the UK and claimed asylum which was initially refused. He successfully appealed this decision in court and was awarded refugee status in 2018. The Appellant committed a criminal offence and was imprisoned for a period of 3 years.

The Respondent wrote to the Appellant and informed him about their intention to exclude him of Convention protection on section 72 grounds. In accordance with section 72(6) of the Nationality, Immigration and Asylum Act 2002. The Respondent was arguing his conviction of the offence was particularly serious and that his continued presence in the UK would constitute a danger to the community of the UK. The Respondent also sought to revoke his refugee status due to asserting there was a change in the Appellants circumstances and he no longer had a fear of being returned to his country of origin.

Shoba prepared a very detailed skeleton argument and written submissions in advance of the hearing which the Judge apprised at court as being very helpful in making his decision. She argued that the section 72 was a rebuttable presumption, the Appellant remained a refugee and was entitled to continued protection as refugee. Shoba argued that the Appellant still had the same fear to which he was granted asylum originally and that the UNHCR had not supported the respondents argument to returning the Appellant to his country as he will face the same persecution on return that he was in fear of when he came to the UK. She argued that the country’s situation has not changed and nor has his circumstances and it can’t be said that the Appellant can be returned safely.

The Judge agreed with Shoba’s submissions and allowed the appeal against the respondents decision to revoke the Appellants protection status on asylum grounds. He also made fee award in favour of the Appellant as the appeal had been allowed.

Shoba’s full profile: https://greatjames.co.uk/members/shoba-aziz/