AA/05471/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/05471/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 13th October 2016
On 31st October 2016



Before

DEPUTY UPPER TRIBUNAL JUDGE D E TAYLOR


Between

RENUGOBAN [M]
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr A Bandegani, Counsel, instructed by Duncan Lewis & Co Solicitors
For the Respondent: Mr Duffy, Home Office Presenting Officer


DECISION AND REASONS
1. This is the appeal of Mr Renugoban [M] brought against the decision of Judge Chana following a hearing at Harmondsworth on 10th June 2016.
2. The appellant is a citizen of Sri Lanka. He sought asylum in the UK. He was refused on 17th March 2015 and appealed to the Immigration Judge who dismissed the appeal.
3. The appellant filed grounds challenging the determination on the basis that the judge acted irrationally in discounting the medical evidence from the Medical Foundation. Moreover she failed to have regard to relevant evidence, for example in relation to his wife's statement, the appellant's flight ticket, and a number of letters.
4. Permission to appeal was originally refused but granted by Upper Tribunal Judge Blum. He observed that the basis of the judge's conclusions relating to issue of consistency appeared to be speculative and unsupported by any evidence before her.
Notice of Decision
5. Mr Duffy for the Secretary of State, did not disagree with the Upper Tribunal Judge's comments, and accepted that the determination could not stand.
6. It is set aside and will be reheard by a judge other than judge Chana at the next available date.

No anonymity direction is made.



Signed Date 31 October 2016

Deputy Upper Tribunal Judge Taylor