Al-Khatib v Secretary of State for the Home Department

Immigration – Leave to remain – Subsidiary protection – Stateless person. Court of Session: Refusing an appeal against a decision of Upper Tribunal by a failed asylum seeker, a Palestinian who was habitually resident in Syria before coming to UK, and whom the Home Secretary proposed to remove to the territory of the Palestinian National Authority (PNA), the court concluded that Council Directive 2004/83/EC did not confer on a person unlawfully present in the UK a free-standing entitlement to leave to remain where that person was stateless and would face a real risk of suffering serious harm if returned to his country of former habitual residence (Syria) but where the respondent proposed to remove him to a place where he faced no such risk (the territory of the PNA).

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