AA/08356/2013

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/08356/2013


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 3 February 2014
On 6 February 2014




Before

UPPER TRIBUNAL JUDGE ESHUN

Between

miss caroline chikowore

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: Mr. A Eaton, Counsel
For the Respondent: Mr. G Saunders, HOPO


DETERMINATION AND REASONS


1. The appellant is a citizen of Zimbabwe, born on 27 November 1982. She entered the UK on 20 February 2011, on her own passport, and was granted leave to remain as a visitor until 15 June 2011. She claimed asylum on 4 June 2013.
2. On 12 July 2013 the respondent refused to grant the appellant asylum and, on the same day, a decision was made to refuse her leave to remain in the UK and notifying her that she was liable to removal having overstayed her granted period of leave in the UK. On 24 July 2013 the appellant lodged a notice of appeal against the respondent's decision. Her appeal was dismissed by First-tier Tribunal Judge Fletcher-Hill.

3. I find that the judge erred in law for the reasons set out in the grant of permission. The reasons are that the judge did not give adequate reasons for her adverse credibility findings, accepting and concurring with the views of the Secretary of State without explaining why she was rejecting the evidence presented by the appellant and her witnesses.

4. The judge's decision cannot stand. It is set aside in order to be remade. None of the findings made by the judge shall stand.

Directions

5. The appellant's appeal is to be reheard at Hatton Cross on 6 May 2014 by a First-tier Judge other than FtTJ Fletcher-Hill.





Signed Date: 3 February 2014
Upper Tribunal Judge Eshun