AA/00161/2016

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The decision


IAC-AH-DP-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/00161/2016


THE IMMIGRATION ACTS


Heard at City Centre Tower Birmingham
Decision & Reasons Promulgated
On 22nd February 2017
On 3rd March 2017



Before

DEPUTY upper tribunal JUDGE RENTON


Between

x l
(ANONYMITY DIRECTION made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr S Vokes, Counsel instructed by The Coventry Law Centre
For the Respondent: Mr D Mills, Senior Home Office Presenting Officer


DECISION AND REASONS

Introduction
1. The Appellant is a male citizen of Albania born on 15th June 2000. He entered the UK illegally on 19th February 2014 and claimed asylum on 3rd March 2014. That application was refused for the reasons given in the Respondent’s letter of 14th January 2016, but owing to his age the Appellant was granted discretionary leave to remain until 15th December 2015. The Appellant appealed the decision to refuse him asylum, and his appeal was heard by First-tier Tribunal Judge Hussain (the Judge) sitting at Birmingham on 3rd August 2016. He decided to dismiss the appeal for the reasons given in his Decision dated 11th August 2016. The Appellant sought leave to appeal that decision, and on 8th September 2016 such permission was granted.
Error of Law
2. I must first decide if the decision of the Judge contained an error on a point of law so that it should be set aside.
3. At the hearing, Mr Vokes addressed me in support of his argument that the decision of the Judge did contain a material error of law. After he had spoken, Mr Mills informed me that he conceded that there was such an error of law and therefore that the decision of the Judge should be set aside. I so find. I am not required to give any reasons for my decision in accordance with Rule 40(3)(a) of The Tribunal Procedure (Upper Tribunal) Rules 2008.
4. At the suggestion of the parties, I did not proceed to remake the decision in the appeal. That decision will be remade by the First-tier Tribunal in accordance with paragraph 7.2(b) of the Practice Statements. The finding of facts and as to credibility made by the First-tier Tribunal will not be preserved in their entirety.


Decision

The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.

I set aside that decision.

The decision in the appeal will be remade in the First-tier Tribunal.

Anonymity

The First-tier Tribunal made an order for anonymity which I continue for the reasons given by the First-tier Tribunal.



Signed Date

Deputy Upper Tribunal Judge Renton