Overview

• The Upper Tribunal quashed a First-tier Tribunal decision and remitted the case for rehearing after identifying errors in assessing deportation risk.
• Judge O’Brien ruled that the lower court overlooked unchallenged evidence and made an error of law in its credibility findings.
• The migrant claims that the One Order gang shot his brothers, attacked his family home and forced his sister into witness protection.
• He was convicted of murder but has since undergone offender management and demonstrated an admirable work ethic in rehabilitation.
• This ruling is the latest example of foreign offenders invoking Article 3 ECHR to block removal, prompting officials to consider tightening appeal procedures.