AA/07692/2015

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The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/07692/2015

THE IMMIGRATION ACTS

Heard at Glasgow
Determination Promulgated
On 16 December 2016
On 19 December 2016


Before

MR C M G OCKELTON, VICE PRESIDENT
UPPER TRIBUNAL JUDGE DEANS

Between

MR HAGOS [M]
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:

For the Appellant: Mr A Devlin, Advocate, instructed by Neil Barnes, Solicitors
For the Respondent: Mrs M O'Brien, Senior Home Office Presenting Officer


DECISION AND REASONS

1) The appellant was born on 10 October 1984 and is a national of Eritrea. He appeals against a decision by Judge of the First-tier Tribunal Clough dismissing his appeal on asylum and human rights grounds. Before the First-tier Tribunal it does not appear to have been disputed that the appellant was of an age when he would be required to perform national service, that he was a military deserter, and that he left Eritrea without permission. Nevertheless, seemingly on the basis of country information relied upon by the respondent, the judge was not satisfied that the appellant would face a real risk of mistreatment were he to be removed to Eritrea.

2) Permission to appeal was granted on the basis that the judge had not given adequate reasons for her decision even though she had found that the appellant was in the category of those at risk in terms of the relevant country guideline cases.

3) The appeal was heard before the First-tier Tribunal in July 2015 and the decision promulgated in November 2015. Since then there has been a further country guideline case of MST and Others (national service - risk categories) Eritrea CG [2016] UKUT 443 which leaves largely unaltered the risk categories identified in the previous country guideline decisions.

4) On 12 December 2016 the respondent wrote to the Tribunal stating that the Secretary of State had reconsidered this case in the light of the up-to-date legal position and would seek to withdraw the underlying decision with a view to granting status. A request was made for the case to be withdrawn. At the hearing before us Mrs O'Brien referred to the Secretary of State's decision being withdrawn.

5) We considered the appropriate course was to allow the appeal on asylum grounds on the basis that it was no longer resisted by the respondent. The parties agreed to this course of action and to the issuing of a short decision without detailed reasons. The decision is allowed on asylum grounds.

Conclusion

6) The making of the decision of the First-tier Tribunal involved the making of an error on a point of law.

7) The decision of the First-tier Tribunal is set aside.

8) We re-make the decision by allowing the appeal.

Anonymity

9) The First-tier Tribunal did not make an order for anonymity. We have not been asked to make such an order and we see no reason of substance for doing so.

Fee Award (Note: This is not part of the decision)

No fee was paid or payable and accordingly no fee award is made.


Signed Date

Upper Tribunal Judge Deans