Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/02378/2013

THE IMMIGRATION ACTS

Heard at Field House
Determination Promulgated
On 27 June 2013
On 28 June 2013

Before

UPPER TRIBUNAL JUDGE ESHUN

Between

MR ALI VOSSOUGHRAD

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation:

For the Appellant: Mr. T Hodson, Counsel
For the Respondent: Mr. N Bramble, HOPO

DECISION ON ERROR OF LAW

1. The appellant is a citizen of Iran, born on 24 May 1982. His appeal against the respondent’s decision on 27 February 2013 to refuse him asylum and to remove him from the UK as an illegal entrant was dismissed by First-tier Tribunal Judge Wellesley-Cole in a determination promulgated on 24 April 2013

2. The Judge found the appellant’s claim to be implausible and placed no weight on the documents relied on by the appellant.

3. The appellant was granted permission to appeal the Judge’s decision on grounds that argued that the Judge failed to consider evidence contained in the appellant’s witness statement and what he said in his interview. Therefore the Judge failed to consider the appellant’s claims with sufficient care and anxious scrutiny, in the round and in relation to all the evidence in accordance with and applying the correct lower standard of proof.

4. The respondent in the Rule 24 reply did not oppose the appellant’s application for permission to appeal.

5. Both parties agreed that the case be remitted to Taylor House for re-hearing by a different Judge.

DIRECTIONS

Date of hearing is 9 October 2013

Time Estimate – 2 hours

1 witness

Interpreter in the Farsi language required

A consolidated bundle of all documents to be relied on by the appellant should be submitted to the Tribunal 7 days before the hearing. Any document not in English should be translated.

UT Judge Eshun
27 June 2013