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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> AA076592014 [2015] UKAITUR AA076592014 (22 July 2015) URL: http://www.bailii.org/uk/cases/UKAITUR/2015/AA076592014.html Cite as: [2015] UKAITUR AA76592014, [2015] UKAITUR AA076592014 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/07659/2014
THE IMMIGRATION ACTS
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Heard at Bradford |
Decision and Reasons Promulgated |
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On 10 June 2015 |
On 22 July 2015 |
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Before
UPPER TRIBUNAL JUDGE D E TAYLOR
Between
THANANCHAYAN ALFRED
Appellant
And
SECRETARY OF STATE
Respondent
Representation :
For the Appellant: Ms Jegarajah , Counsel, instructed by Solidum Solicitors.
For the Respondent: Mrs Pettersen, HOPO.
DETERMINATION AND REASONS
1. This is the appellant's appeal against the decision of Judge Grimshaw made following a hearing on 4 November 2014 at Bradford.
2. The appellant makes a number of criticisms of the determination in his grounds. At the hearing Ms Jegarajah focussed her submissions on 2 main points, both of which have merit, i.e. that the judge failed to consider relevant evidence when reaching her conclusions both in relation to the appellant's activities in Sri Lanka and in the UK.
3. The judge accepted that the appellant had historic employment with an arts organisation, CP Arts, but not that it had caused him the difficulties claimed. In reaching that conclusion she did not take into account the totality of the appellant's case as set out in his screening interview, statement and substantive interview nor the background information on the context in which the organisation operated in Sri Lanka.
4. Second, she rejected the appellant's evidence of his involvement with the British Tamils Forum, criticising one of the letters which the organisation produced. She did not however refer to two other letters, nor significantly to his identity card which shows that he is a volunteer collecting evidence for the UNHCR in relation to Sri Lanka.
5. In failing to take into account relevant evidence, the judge erred in law.
6. Accordingly the decision of Judge Grimshaw is set aside. It should be remade by a judge other than Judge Grimshaw at Taylor House with all issues at large.
Signed Date
Judge of the Upper Tribunal
