AA/00079/2013

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/00079/2013


THE IMMIGRATION ACTS


Heard at Field House
Date sent
On 22 May 2013
On 4 June 2013
Prepared 22 May 2013

Before

UPPER TRIBUNAL JUDGE MCGEACHY
Between

Mrs Sumathy Thanisagaraj
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:

For the Appellant: Mr S Muquit, of Counsel instructed by K Ravi Solicitors
For the Respondent: Mr N Bramble, Senior Home Office Presenting Officer


DETERMINATION AND DIRECTIONS

1. At the hearing of the appeal before me the representatives of both parties agreed that there were material errors of law in the determination of the Judge of the First-tier tribunal in that he had reached his conclusions that the appellant was not credible before considering the medical evidence and that , in any event his conclusions were overly brief and did not clearly set out his conclusions regarding the scars which were detailed in the report of Dr Lingham.
5. I am satisfied that this is an appeal in which the requirements of the Senior President’s Practice Statement paragraph 7.2(a) are met.
6. I therefore allow the appeal before the Upper Tribunal to the limited extent that it is remitted to the First –tier Tribunal to be heard afresh on all issues.


Directions.
a. The appeal is remitted to the First-tier Tribunal. It will be heard at Hatton Cross House on 9 July 2013: 3 hours, Tamil Interpreter.
b. The appellant’s representatives shall prepare and serve an indexed and paginated bundle of all documents including medical reports, statements and background documentation on which they wish to rely.





Signed Date: 22 May 2013


Upper Tribunal Judge McGeachy