United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal no: PA/ 09773/2017

 

THE IMMIGRATION ACTS

 

At	Decision & Reasons Promulgated
On 27.02.2018	On 01.03.2018

 

Before:

Upper Tribunal Judge John FREEMAN and

deputy Upper Tribunal Judge Satvinder JUSS

 

Between:

Mohd . SAIDUR [R]

appellant

and

 

respondent

Representation :

For the appellant: Mr Abu Reza, solicitor, JKR Solicitors

For the respondent: Mr S Kotas

 

DECISION AND REASONS

This is an appeal, by the , against the decision of the First-tier Tribunal (Judge Owusu Abebrese), sitting at Taylor House on 1 November 2017, to an asylum and human rights appeal by a citizen of Bangladesh, born 1986, who claimed to have a well-founded fear of persecution there as a homosexual.

2.         The judge comprehensively rejected the appellant's evidence about being a homosexual in the first place. So far as he relied on his delay in making a claim, he was fully entitled to do so; but that could not be the only reason, where there was any evidence to support it, as to which see JT (Cameroon) [2008] EWCA Civ 878.

3.         The evidence before the judge is listed at paragraph 5 of the grounds of appeal. The judge's reasons for rejecting it are in the last sentence of his paragraph 20, and the last two of 22. While there would be nothing wrong with them as general conclusions, fairness required that he should explain how he reached them, which he did not do.

4.         Mr Kotas accepted this unsatisfactory feature of the decision under appeal, which leaves us with no alternative but the following:

Appeal : decision set aside

Fresh hearing before First-tier Tribunal, not Judge Abebrese

(a judge of the Upper Tribunal)

 

 

Date: 01 March 2018