AA/02124/2015

• Status of case: Unreported
• Hearing date: 29 Nov 2016
• Promulgation date: 20 Dec 2016
• Publication date: 15 Feb 2021
• Last updated on: 15 Feb 2021

The decision

IAC-FH-NL-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/02124/2015


THE IMMIGRATION ACTS


Heard at Manchester
Decision & Reasons Promulgated
On 29th November, 2016
On 20th December 2016



Before

Upper Tribunal Judge Chalkley


Between

mohammad [m]
(ANONYMITY DIRECTION not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms C Johnrose, Counsel instructed by Broudie Jackson Canter Solicitors
For the Respondent: Mr C Bates, Home Office Presenting Officer


DECISION AND REASONS

1. The appellant is an Iranian national who was born in 1974. He appealed to the First-tier Tribunal against the decision of the respondent taken on 23rd January, 2015, to refuse his claim for asylum and to direct his removal from the United Kingdom. The Immigration Judge dismissed the appellant's appeal, but before me both representatives agreed that his determination could not stand and should be set aside, save for that part of his determination from paragraph 34 onwards, dealing with his claimed conversion to Christianity and the finding in favour of the appellant at paragraph 26, namely that he has extensive injuries consistent with being a victim of torture. Those findings have not been challenged and shall stand. The other findings of the judge are set aside.

2. The judge accepted the medical evidence which showed that the appellant had sustained extensive injuries consistent with being a victim of torture, but failed to consider the future risk which might confront the appellant on his return to Iran and the question of sufficiency of protection and internal flight. The judge also failed to consider the risk this appellant might face on his return, because he claimed to have fled whilst he was on bail. The appellant has produced an arrest warrant, but the judge has made no clear findings on that. For these reasons it was accepted that the appeal needed to be reconsidered by the First-tier Tribunal, save for those findings at paragraph 37 onwards. I also preserve the finding in favour of the appellant at paragraph 26. A Farsi interpreter should be booked and two hours should be allowed for the hearing of the appeal.

Notice of Decision

The judge's determination is set aside, save as to the findings at paragraphs 26 and 37 and shall be heard afresh by a different First Tier Tribunal Judge.

No anonymity direction is made.


Richard Chalkley

Upper Tribunal Judge Chalkley