AA/00322/2016

• Status of case: Unreported
• Hearing date: 6 Dec 2016
• Promulgation date: 24 Jan 2017
• Publication date: 19 Jul 2021
• Last updated on: 19 Jul 2021

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/00322/2016


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 6 December 2016
On 24 January 2017


Before

UPPER TRIBUNAL JUDGE MCGEACHY

Between

k b
(ANONYMITY DIRECTION made)

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: Mr A Khan, of Counsel instructed by Virgo Solicitors
For the Respondent: Mr N Bramble, Senior Home Office Presenting Officer


DECISION AND REASONS

1. The appellant appeals, with permission against a decision of Judge of the First-tier Tribunal M R Oliver who in a determination promulgated on 20 October 2016 dismissed his appeal against the refusal of asylum.

2. At the hearing of the appeal before me Mr Bramble, for the Secretary of State, identified, with clarity, clear errors of law in the determination of the Judge of the First-tier Tribunal.

3. The appellant is a citizen of Albania born on 9 May 1999. He was therefore aged 17 at the date of hearing. Mr Bramble stated that the judge had erred in law in that he had considered the claim as if the appellant were an adult because he was not going to be returned to Albania before he reached his majority. Secondly the judge had said that trafficking in cases of children such as the appellant for non-sexual purposes was different from trafficking to places such as the United Kingdom for prostitution or slavery since the trafficking takes place exclusively within the victim's country of origin. Mr Bramble stated that was an error of law and indeed there was an error of law to differentiate between the different types of trafficking. Moreover, he accepted that the judge had erred in pointing out that there were reception arrangements for those returned from trafficking but he had not dealt with the fact that the appellant was a minor.

4. I accept that there are errors of law in the determination of the First-tier Judge and by consent set aside the determination. Also by consent I remit the appeal to the First-tier Tribunal for a hearing afresh. I consider that the terms of Senior President's Tribunal's directions have been met.

Directions

This appeal is remitted to the First-tier Tribunal at Hatton Cross, Albanian interpreter, time two hours.

No findings are preserved.

Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008

Unless and until a Tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of their family. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.





Signed Date


Upper Tribunal Judge McGeachy