AA/07958/2015

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The decision


IAC-FH-CK-V2

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/07958/2015


THE IMMIGRATION ACTS


Heard at Newport IAC
Decision & Reasons Promulgated
On 27 June 2016
On 01 August 2016
Prepared 27 June 2016



Before

DEPUTY UPPER TRIBUNAL JUDGE DAVEY

Between

[X C]
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:

For the Appellant: Mr A Barnfield of Migrant Legal Project
For the Respondent: Mr M Diwnycz, Senior Presenting Officer


DECISION AND REASONS


1. The Appellant, a national of the People's Republic of China (PRC) appealed against the Respondent's decision, dated 23 April 2015, to refuse asylum. That appeal came before First-tier Tribunal Judge Barrowclough (the judge), who on 16 November 2015 dismissed the appeal on Refugee Convention and Humanitarian Protection grounds as well as Article 8 ECHR grounds.

2. The submissions do not effectively challenge the Article 8 decision.

3. Permission to appeal was given by First-tier Tribunal Judge Kimnell on 14 December 2015. At the hearing on 27 June 2016 it became entirely apparent upon a reading of the judge's decision that he simply had not considered the background evidence and the expert's report provided in the analysis and criticisms that he made of the Appellant's case. In particular it is most unfortunate that the judge makes no reference whatsoever to the existence of the expert's report. Whilst it is correct to say that the expert presumes at paragraph 4 of the report to decide for herself the risk to the Appellant in China, a matter undoubtedly solely for the judge, nevertheless the evidence on a wider basis including the extent of the Appellant's knowledge and experience in the PRC were matters pertinent to the assessment of the credibility of the claim and the reliability of the evidence.

4. The total omission of that material means that the Original Tribunal made an error of law.

NOTICE OF DECISION

The Original Tribunal's decision cannot stand. The matter must be remade.

INSTRUCTIONS FOR LISTING

(1) Please list again in the First-tier Tribunal not before Judge R Barrowclough.

(2) List for two hours.

(3) List in Newport.

(4) No interpreter required.

(5) Issues: political asylum, Humanitarian Protection, Article 8 ECHR if exceptional circumstances are established to justify looking at Article 8 outside of the Rules.

No anonymity direction is made.






Signed Date 27 July 2016


Deputy Upper Tribunal Judge Davey