Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/08029/2015

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 29 November 2016
On 25 January 2017

Before

LORD MATTHEWS, SITTING AS AN UPPER TRIBUNAL JUDGE
DEPUTY UPPER TRIBUNAL JUDGE CHAMBERLAIN

Between

JR
(ANONYMITY DIRECTION MADE)

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation:

For the Appellant: Mr R Ghaffar, Counsel, instructed by UK Law
For the Respondent: Miss Z Ahmad, Home Office Presenting Officer

DECISION AND REASONS

1. This is the appeal of JR in respect of whom an anonymity direction has been made. That will be maintained. He is a citizen of Eritrea born on 15 September 1993.

2. On 8 May 2015 a decision was made to refuse to grant him asylum, to refuse to vary leave to remain and to remove him from the United Kingdom by way of directions. He gave notice of appeal against those decisions on 19 May 2015 and his appeal was heard in the First-tier Tribunal on 5 October 2015. In a decision promulgated on 11 November 2015 his appeal was refused. He now appeals to the Upper Tribunal.

3. Before us it was conceded that the First-tier Tribunal Judge made an error of law in that she did not follow the country guidance case of MO (Illegal exit) (Eritrea) CG (2011) relying instead on the report of a fact finding mission from Denmark.

4. The recent case of MST & Others (national service-risk categories) (Eritrea) CG [2016] UKUT 443 has reaffirmed the authority of MO and it follows that in not following MO the judge made an error of law. That is accepted on all hands.

5. It was accepted by the Secretary of State that the appellant left Eritrea illegally. It is accepted that he is the age he says he is and it is accepted therefore that he falls within the parameters of MO in that he is liable on return to be drafted and therefore to face a real risk of persecution, serious harm or ill-treatment contrary to Articles 2 or 3 of the European Convention on Human Rights.

6. That being so we have little difficulty in holding his appeal ought to be allowed and we accordingly remake the decision and allow his appeal. We are grateful to Counsel for the manner in which she conducted this appeal and indeed to the Home Office Presenting Officer for her fairness.

Notice of Decision

The appeal against the decision of the First-tier Tribunal is allowed. We remake the decision, allowing the appellant's appeal on asylum and human rights grounds.

Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008

Unless and until a Tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of his family. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.

LORD MATTHEWS
Sitting as an Upper Tribunal Judge
(Immigration and Asylum Chamber)

Date: 24 January 2017

TO THE RESPONDENT
FEE AWARD

No fee is paid or payable and therefore there can be no fee award.

LORD MATTHEWS
Sitting as an Upper Tribunal Judge
(Immigration and Asylum Chamber)

Date: 24 January 2017