Refusal of Section 4(2) support on the grounds that an application to the European Court of Human Rights (ECtHR) had not been accepted under Rule 39 of that court’s process and the appellant had nothing outstanding with the Home Office. Appeal dismissed finding: (i) a Rule 39 indication was required directing the UK not to remove the appellant to Iraq: Al-Moayad v Germany (35865/03) is authority that there is no bar to removal in the absence of a Rule 39 indication (ii) that the applicant must demonstrate that his application to the ECtHR has merit before Regulation 3(2)(e) is engaged or R (NS) v FTT and SSHD  EWHC 3819 (Admin) applies, (iii) Razai and Ors v SSHD  EWHC 3151 (Admin) applies: the Tribunal is entitled to comment generally on the merits of an application to the ECtHR and its subsistence without evaluating those merits. (iv) the statement from the President of the ECtHR asking member states to suspend removals to Iraq is a matter for the respondent.
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Published 8 February 2017