PA/00939/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/00939/2015


THE IMMIGRATION ACTS


Heard at Glasgow
Decision & Reasons Promulgated
On 24 March 2017
On 29 March 2017



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

M H P
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


For the Appellant: Mr A Devlin, instructed by Quinn, Martin & Langan, Solicitors
For the Respondent: Mrs M O’Brien, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The respondent did not accept that the appellant’s conversion from Islam to Christianity was genuine, and refused his claim.
2. FtT Judge Green found that the appellant was a sincere convert and an apostate, but was not a proselytising evangelical and would live quietly in Iran without risk of persecution.
3. The appellant had founded upon the SSHD’s Country Information and Guidance - Iran: Christians and Christian Converts, version 2.0, December 2015. This says under the heading Policy summary at 3.1.4:
The right of Muslims to change their religion is not recognised under Sharia law. The religious conversion of Muslims is illegal in Iran. Christians who have converted from Islam are at real risk of persecution, and a grant of asylum is likely to be appropriate.
4. The SSHD conceded that there had been error such that the outcome in the FtT ought to be reversed.
5. The determination of the First-tier Tribunal is set aside. The following decision is substituted: the appeal, as brought to the FtT, is allowed on protection grounds, within the Refugee Convention.
6. An anonymity order was made in the FtT. The matter was not addressed in the UT, so anonymity has been preserved.




27 March 2017
Upper Tribunal Judge Macleman