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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: pa/12375/2017

 

 

THE IMMIGRATION ACTS

Heard at Manchester	Decision & Reasons Promulgated
On 13 th July 2018	On 24 th July 2018

Before

Upper Tribunal Judge Chalkley

Between

Zahir [M]

(ANONYMITY DIRECTION not made)

Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation :

For the Appellant: Ms K Smith of Counsel instructed by Broudie Jackson & Canter

For the Respondent: Mr A McVeety, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1. The appellant is a citizen of Afghanistan who was born on 11 ^th October 1985. He made application to the respondent for recognition as a refugee and on 13 ^th November 2017 the respondent refused to grant his claim.

 

2. The appellant subsequently appealed and his appeal was heard in Manchester on 2 ^nd January 2018 by First-tier Tribunal Judge A J Parker.

 

3. The judge accepted that the appellant worked for EMA in Afghanistan as a film producer and cameraman, but concluded that he would not be at risk were he to be returned to Afghanistan. At the hearing before me today Mr McVeety told me that he and Counsel were in agreement. Given the judge's findings, the judge has erred and should have allowed the appeal. Mr McVeety asked me to formally allow the appeal which I am happy to do. This determination appears as a matter of record.

 

Richard Chalkley

Upper Tribunal Judge Chalkley

 

 

 

TO THE RESPONDENT

FEE AWARD

 

As I have allowed the appeal and because a fee has been paid or is payable, I have considered making a fee award and have decided to make a fee award of any fee which has been paid or may be payable (adjusted where full award not justified) for the following reason. The appeal is allowed.

 

Richard Chalkley

Upper Tribunal Judge Chalkley

 

dated 19 July 2018