Tribunal decisions

The decision

IAC-AH-CJ-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/02507/2015

THE IMMIGRATION ACTS

Heard at Columbus House, Newport
Decision & Reasons Promulgated
On 29th October 2015
On 9th November 2015

Before

DEPUTY UPPER TRIBUNAL JUDGE DAVIDGE

Between

HTL
(anonymity direction made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Vyaj Lovejoy, HRS Solicitors LLP
For the Respondent: Irwin Richards, Home Office Presenting Officer

DECISION AND REASONS
1. The Appellant appeals with permission a decision of the First-tier Tribunal promulgated on 20th July 2015 dismissing his appeal. The judge dismissed his appeal on international protection grounds and also on Article 8 grounds. The grant of permission in this case is restricted to the issues in respect of Article 8 so that the decision of the First-tier Tribunal making findings in respect of and dismissing the Appellant's international protection Grounds of Appeal stands, including the adverse credibility findings.
2. I am satisfied that the decision of the First-tier Tribunal reveals an error of law in the assessment of Article 8 for the reasons set out in the grant of permission namely that the judge has applied a test of exceptionality contrary to the relevant jurisprudence, has failed to make a finding as to the best interests of the child, and failed to address the best interests of the child as a primary consideration in the evaluative Article 8 assessment.
3. The parties are in agreement that in light of those errors the decision of the First-tier Tribunal on Article 8 cannot stand and accordingly I set it aside. The grounds of appeal, limited to Article 8, need to be reheard de novo. In that context, I accede to the request to remit the case to the First-tier Tribunal for hearing of the Article 8 Grounds of Appeal.

Signed Date

Deputy Upper Tribunal Judge Davidge