[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> AA003662013 [2013] UKAITUR AA003662013 (9 July 2013) URL: http://www.bailii.org/uk/cases/UKAITUR/2013/AA003662013.html Cite as: [2013] UKAITUR AA3662013, [2013] UKAITUR AA003662013

[New search] [Printable PDF version] [Help]

      

Upper Tribunal

(Immigration and Asylum Chamber)                                   Appeal Number: AA/00366/2013

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination Promulgated
On 8 July 2013	On 9 July 2013
Prepared 8 July 2013	…………………………………

 

 

Before

 

UPPER TRIBUNAL JUDGE MCGEACHY

 

Between

 

Ali Senussi

 

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

 

Representation:

 

For the Appellant:          Ms J. Wilding, of Counsel, instructed by Brighton Housing Trust  

For the Respondent:      Mr D. Hayes, Senior  Home Office Presenting Officer

 

 

DETERMINATION AND REASONS

 

 

1.       At the hearing of the appeal before me Mr Hayes agreed that there were material errors of law in the determination of the Judge of the First-tier in that the Judge had made no findings on the documentary evidence provided: in particular he had not stated whether or not he found that the appellant’s father’s old diplomatic passport was genuine and therefore what that showed with regard to the appellant’s father’s involvement with the Gaddafi regime. He had not considered the other  documentary evidence : the ID card from the Purification Committee and the Gratitude and Appreciation Certificate. 

2.       Findings regarding those documents and therefore the connection of the appellant’s father with the Gaddafi regime are clearly relevant to the assessment of the  appellant’s  claims as to what had happened in  Libya and  an  assessment of the  appellant’s fear of return. 

3.       I therefore consider that this appeal should be re-heard afresh on all grounds and indeed that the requirements of the present Tribunal’s Practice Statement at paragraph 7.2 are met.

4.       For the above reasons I allow the appeal of the Secretary of State to the limited extent that it is remitted to the First-tier Tribunal to be heard afresh.

5.     The appeal will be heard at Taylor House on 23 October 2013, 3 hours, North African Arabic interpreter.

 

 

 

 

 

Signed                                                                         Date

 

 

Upper Tribunal Judge McGeachy