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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/11073/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Cardiff Civil Justice Centre	Decision & Reasons Promulgated
On 1 February 2019	On 1 March 2019

 

Before

 

UPPER TRIBUNAL JUDGE ALLEN

 

 

Between

 

B I

(anonymity direction made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Ms S Alban of Fountain Solicitors

For the Respondent: Mr C Howells, Home Office Presenting Officer

 

 

DECISION AND REASONS

1. I do not need to go into detail in this case. It is common ground between the representatives, and indeed my view also, that the judge erred as a matter of law in failing to consider risk on return to Afghanistan to the appellant on the basis of returning as a minor as he was at the time of the hearing. This clearly fed through also into the judge's evaluation of the appellant's credibility since again the fact that he was a minor at the time when the events in question were said to have occurred was not taken into account by the judge. As a consequence, the appeal will have to be reheard in full before a judge at Newport other than Judge Page. To that extent the appeal is allowed.

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 27 February 2019

 

Upper Tribunal Judge Allen