Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/01848/2015

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 24th June, 2016
Given extempore
Signed 27th June, 2016
On 10th August, 2016

Before

Upper Tribunal Judge Chalkley

Between

R Z
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr T Lay, Tower Hamlets Law Centre
For the Respondent: Mr P Duffy, Home Office Presenting Officer

DECISION AND REASONS

1. The appellant is a female citizen of Bangladesh who claims to have been born on [ ] November, 1989. She arrived in the United Kingdom from Dhaka with her husband using a passport in the name R Z and was granted leave to enter as a visitor valid until 27th September, 2011. She made application for asylum which was refused by the respondent. She appealed against that decision to the First-tier Tribunal and her appeal was heard by First-tier Tribunal Judge Grice sitting at Taylor House on 23rd February, 2016.

2. In a determination promulgated on 5th April, 2016, Judge Grice dismissed the appellant's appeal both under the Refugee Convention and under the European Convention for the Protection of Human Rights and Fundamental Freedoms and also on the basis of her humanitarian protection claim. In doing so, at paragraph 119 of the determination the judge found that there was no expert health assessment or expert physical assessment of the appellant which might assist her in assessing credibility of the appellant's account of abuse and violence at the hands of her husband.

3. However, earlier in the determination, at paragraph 115, the judge accepted that there was medical evidence both in the form of a report from her GP and in the form for evidence from a hospital, which was to some extent corroborative of the appellant's arm and shoulder injury in 2011. The judge also noted that the documents from the appellant's general medical practitioner dealt with a history of domestic violence, injury and consequent mental health problems and describes burns on the appellant's arms and shoulders in line with marks caused by cigarette burns.

4. During the course of the hearing the judge had before her evidence from the appellant's uncle, A N, in the form of both his written statement and oral evidence which, at least in part, corroborated the appellant's account of having been pushed down stairs by her husband in June 2011. Unfortunately the judge makes no findings in relation to that evidence.

5. The determination was challenged by the appellant on three grounds. At the hearing before me today, Mr Duffy quite rightly in my view, accepted that the determination was far from satisfactory and could not stand, given that there were simply no findings in relation to the evidence which the judge heard from the appellant's uncle. I find that the judge has failed also to properly consider the medical evidence placed before him. Medical evidence whether it is in the form of a detailed report from a specialist, from a general medical practitioner or from another medical professional deserves to be considered very carefully and this determination does not disclose that this evidence was considered very carefully.

6. As a result, I believe that the appellant has been denied a fair hearing and consequently I have concluded that the most appropriate form of action is for the matter to be remitted to the First-tier Tribunal for hearing afresh by a judge other than First-tier Tribunal Judge Grice. A Bengali interpreter will be required and two and a half hours should be allowed for the hearing.

Notice of Decision

The appeal is remitted to the First Tier Tribunal for hearing afresh by a judge other than First-tier Tribunal Judge Grice.

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

The First Teir Tribunal made an anonymity direction. I see no reason why it should not continue and do not therefore interfer with it.

Richard Chalkley
Upper Tribunal Judge Chalkley