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

Asylum and Immigration tribunal-b&w-tiff

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/01749/2019

 

 

THE IMMIGRATION ACTS

 

 

 

 

Decision Under Rule 34 Without a hearing	Decision & Reasons Promulgated
On 12 November 2020	On 16 November 2020

 

Before

 

UPPER TRIBUNAL JUDGE PERKINS

 

Between

 

M S R T

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

DETERMINATION AND REASONS

1.         Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 I make an order prohibiting the disclosure or publication of any matter likely to lead members of the public to identify the Appellant. Breach of this order can be punished as a contempt of court. I make this order because the Appellant is an asylum seeker and so is entitled to privacy.

2.         This is an appeal against a decision of the First-tier Tribunal dismissing the Appellant's appeal against a decision of the Respondent refusing him international protection.

3.         Permission to appeal was given by Upper Tribunal Judge Finch who identified a catalogue of arguable errors relating to fact finding.

4.         Directions were given with a view to determining the appeal without a hearing.

5.         Both parties responded to those errors. In a letter dated 18 September 2020 for the Respondent signed by the Specialist Appeals Team the Respondent suggested that the Upper Tribunal "remit the appeal to the First-tier Tribunal for redetermination.

6.         The matter of main concern of the Respondent was the First-tier Tribunal's failure to consider expressly a medical report. This is explained at point 7 of the Grounds.

7.         I am also concerned at language suggesting that the First-tier Tribunal lost sight of the low standard of proof.

8.         As both sides have asked for the Decision and Reasons to be set aside I see no point in a hearing. Given that nature of the error then remittal is appropriate. The Appellant's case has not been considered properly.

9.         Notice of Decision

10.     The First-tier Tribunal erred in law. I set aside its decision and I direct that the appeal be heard again in the First-tier Tribunal.

 

Jonathan Perkins

Signed
Jonathan Perkins
Judge of the Upper Tribunal	Dated 12 November 2020