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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 >> PA084912017 [2018] UKAITUR PA084912017 (14 August 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/PA084912017.html Cite as: [2018] UKAITUR PA084912017, [2018] UKAITUR PA84912017 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: pa/08491/2017
THE IMMIGRATION ACTS
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Heard at Bradford |
Decision & Reasons Promulgated |
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On 9 July 2018 |
On 14 August 2018 |
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Before
UPPER TRIBUNAL JUDGE LANE
Between
A A
(ANONYMITY DIRECTION made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Mr Hussain, instructed by Halliday Reeves Law Firm
For the Respondent: Mr McVeety, Senior Home Office Presenting Officer
DECISION AND REASONS
1. The appellant, AA, was born in 1992 and is a citizen of Sudan. Before the First-tier Tribunal (Judge Atkinson) the Secretary of State agreed that the appellant was of Sudanese nationality and was also a member of the Fur tribe. The judge relied on existing country guidance cases: AA (Sudan) CG [2009] UKAIT 0056: MM (Darfuris) Sudan CG [2015] UKUT 10 and IM and AL (Sudan) CG UKUT [2016] 00188. In essence, the Secretary of State challenges the judge's decision to allow the appeal arguing that the judge should have departed from the country guidance as he had sufficient evidence before m adduced by the Secretary of State to do so.
2. Before the Upper Tribunal, Mr McVeety, who appeared for the Secretary of State, did not seek to support the grounds of appeal. He told me that he believed that he would be unable to persuade me that the judge erred in law by following the existing country guidance. I am grateful to Mr McVeety and, in the circumstances, make a decision dismissing the Secretary of State's appeal.
Notice of Decision
This appeal is dismissed.
Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008
Unless and until a Tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of their family. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.
Signed Date 2 AUGUST 2018
Upper Tribunal Judge Lane
TO THE RESPONDENT
FEE AWARD
No fee is paid or payable and therefore there can be no fee award.
Signed Date 2 AUGUST 2018
Upper Tribunal Judge Lane
