AA/00192/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/00192/2015


THE IMMIGRATION ACTS


Heard at Bradford
Decision and Reasons Promulgated
On 24 November 2015
On 27 November 2015



Before

UPPER TRIBUNAL JUDGE D E TAYLOR


Between

A O
Appellant
And

SECRETARY OF STATE
Respondent


Representation:
For the Appellant: Ms Khan; Counsel, instructed by Switalskis, sols
For the Respondent: Mr McViety; HOPO.


DETERMINATION AND REASONS
1. This is the appellant's appeal against the decision of Judge Mozolowski made following a hearing on 7 April 2015 at Bradford.
2. Mr McViety did not oppose the remittal of this determination to a differently constituted First-tier Tribunal.
3. The core issue before the judge was the nationality of the appellant. The respondent believes that he is Ethiopian, and the appellant asserts that he is Eritrean. He has also spent many years in the Sudan.
4. Unfortunately the judge did not resolve that issue. She said in terms at paragraph 54 of the determination that she could not come to any conclusion about the appellant's nationality.
5. Accordingly the judge erred in law by failing to come to a decision on a material matter. The decision will have to be remade with all issues at large.
6. The case should be listed in the FTT at Bradford before a judge other than Judge Mozolowski on the next available date with a Tigrinya interpreter.


Signed Date

Judge of the Upper Tribunal