Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber)
Appeal Number: AA/06072/2013

THE IMMIGRATION ACTS

Heard at Manchester
Determination Sent
On 22nd July, 2014

Signed 22nd July, 2014

Before

Upper Tribunal Judge Richard Chalkley,

Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

And

MOHAMED BSOLAH ELHABIB ABOSALAH

Respondent

Representation

For the appellant: Ms Patel of Counsel
For the respondent: Ms Johnson a Home Office Presenting Officer.

DETERMINATION AND REASONS
1. The appellant is a Liberian citizen of Touareg ethnicity from the south of Libya, who was born on 14th January, 1978. On 27th December, 2008 he was granted leave to enter the United Kingdom as a student, expiring on 29th October, 2009. He then entered the United Kingdom in March 2009 for a relatively brief sojourn. On 26th October, 2009 he was again granted leave to enter the United Kingdom as a student, expiring on 30th December, 2010. Subsequently, he entered the United Kingdom on 1st December, 2009. His movements and whereabouts during the following year are unclear. On 25th January, 2011 he was granted leave to enter the United Kingdom for a third time, again as a student, expiring on 31st October, 2011. On 27th January, 2011, he flew from Libya to the United Kingdom. Having made a timeous application for extended leave to remain in the United Kingdom , as a student, his leave was extended to 30th March, 2013. On 31st March, 2013, his leave to remain having expired, he claimed asylum.
2. The claimant claimed that he was at risk on return to Libya because he had been a member of Colonel Gaddafi's Revolutionary Guard between 1999 and 2007 and because as an ethnic Touareg he would in any event be perceived on return to Libya as having been pro-Gaddafi.

3. The appellant's claim for asylum was refused by the Secretary of State for the Home Department and the appellant appealed to the First Tier Tribunal. His appeal was heard by First Tier Tribunal Judge JDL Edwards and dismissed in a determination promulgated following a hearing in Manchester on 29th July, 2013. That decision was set aside by the Upper Tribunal (The President, The Hon Mr Justice McCloskey, sitting with Upper Tribunal Judge Perkins) in a determination promulgated on 30th October 2013, because of the failure of the First Tier Tribunal Judge to properly address the country evidence, make an assessment of it and make his findings accordingly.

4. On 14th July, 2014 the Country Guidance case of AT and Others (Article 15c; risk categories) (CG) [2014] UKUT 318 (IAC) was published.. That decision makes it clear (at paragraphs 174 to 177) that persons of Touareg ethnicity are at real risk of persecutory ill-treatment and Article 3 harm on return to Libya and that there would be no sufficiency of protection or viable option of internal relocation for them.

5. Ms Johnson, the Home Office Presenting Officer advised me that in view of the decision in AT, the appellant is entitled to the grant of asylum and invited me to prepare a brief determination recording that fact.

5. I am satisfied that Ms Johnson was entirely correct to agree that the respondent was entitled to have his appeal allowed in all the circumstances. I indicated that I would prepare this short determination recording the agreement between the parties and allowing the respondent's appeal.

6. The determination of First Tier Tribunal Judge JDL Edwards having earlier been found to contain errors on points of law and set aside, my decision is that the respondent's appeal be allowed.

Decision

This appeal is allowed.
Senior Immigration Judge Chalkley