The decision

ar Appeal No. hx44980-01
AA (Bihari - Camp) Bangladesh CG [2002] UKIAT 01995

IMMIGRATION APPEAL TRIBUNAL

Date of Hearing: 11 April 2002
Date Determination notified:
17.06.2002..

Before:


His Honour D Holden (Chairman)
Mr A A Lloyd, JP
Mr M L James



ABDUL KARIM ANSARI
APPELLANT

and

Secretary of State for the Home Department
RESPONDENT

DETERMINATION AND REASONS

1. The appellant, a citizen of Bangladesh, was given leave to appeal to the Tribunal against the determination of an Adjudicator, Mrs N. Bird, who dismissed his appeal against the refusal of the respondent to grant asylum.

2. The appellant was represented by Mrs M.A. Hodgson, of counsel, and the Secretary of State by Mr D. Ekagha, a Home Office Presenting Officer.

3. The Vice President who gave leave to appeal did so on the basis that he considered that the grounds of appeal merited further consideration. In particular, he considered that the adjudicator made no clear findings of fact nor has she considered the question of protection by the state against the activities of the Osmani group. We do not propose to enter into any lengthy observations in this case, save to say that in our view the Adjudicator's determination is flawed. We fully agree with the Vice President’s view and suffice it to say that both Mrs Hodgson and Mr Ekagha wish for the matter to be remitted for rehearing before an Adjudicator other than Mrs Bird.

4. We therefore in accordance with that request, and in accordance with our own view herein, remit this case for hearing before an adjudicator other than Mrs Bird.




HIS HONOUR D HOLDEN
CHAIRMAN