AA/05662/2015

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The decision




Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/05662/2015


THE IMMIGRATION ACTS


Heard at The Royal Courts of Justice, Belfast
Decision Promulgated
On 15 September 2016
On 27 September 2016



Before

The Hon. Mr Justice McCloskey, President,


Between

MUHAMMED [H]
(ANONYMITY DIRECTION NOT MADE)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent




Representation:

For the Appellant: Mr T Jebb, of Counsel, instructed by Nelson Singleton Solicitors

For the Respondent: Mr P Duffy, Senior Home Office Presenting Officer



DECISION

1. The Appellant appeals to the First-tier Tribunal ("FtT") against the decision of the Secretary of State refusing his claim for asylum, dated 19 February 2015. The Secretary of State had decided, in a nutshell, that while the Appellant's claim to be a Sudanese national was accepted, his claim of risk upon return to Sudan due to his asserted involvement with a specific student organisation and the group "Grifni" or on account of his race or ethnicity fell to be rejected. The FtT dismissed the ensuing appeal.

2. Permission to appeal was granted in the following terms:

"The application for permission to appeal asserts that the decision is generic and, mostly, does not even use the Appellant's name; fails to address credibility; fails to address risk in Sudan; fails to address the evidence of [the] expert witness; fails to apply AA Sudan or MM Darfuris and is merely formulaic in that the conclusions are mere recitation of basic legal principles which are then held to count against the Appellant ?. The grounds of application, seriatim, are arguable."


It was conceded on behalf of the Secretary of State that the decision of the FtT is unsustainable. This concession embraces all of the factors highlighted in the grant of permission to appeal. I accept this concession.


DECISION

3. On the basis set forth above, the decision of the FtT is hereby set aside and I remit the appeal to a differently constituted FtT for the purpose of rehearing. This is plainly a case in which remittal is the appropriate course.









THE HON. MR JUSTICE MCCLOSKEY
PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

Date: 19 September 2016