AA/09146/2014

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The decision




Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/09146/2014

THE IMMIGRATION ACTS

Heard at Columbus House, Newport
Decision Promulgated
On 30 September 2016
On 04 October 2016



Before

The Hon. Mr Justice McCloskey, President,

Between

SH
[ANONYMITY DIRECTION MADE]
Appellant

and


THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent



Representation:

For the Appellant: Mr C McWatters, of Counsel, instructed by the Migrant Legal Project Cardiff

For the Respondent: Mr I Richards, Senior Home Office Presenting Officer


DECISION

1. The heart of this appeal lies in [26] of the decision of the First-Tier Tribunal (the "FtT"). This passage contains a basic error relating to the language in which a key document was formulated. The error consists of the Judge stating that this document recorded the Appellant's name in Kurdish. This is incorrect: the evidence demonstrates indisputably that the entirety of the document was in Farsi.

2. The second difficulty with [26] of the FtT's decision is that it effectively finds that this document was a forgery. The twin defects in this are that the Secretary of State at no time made this case and, further, the Judge adopted this approach without reference to or application of the Tanveer Ahmed principles.

3. I am satisfied that [26] of the FtT's decision contaminates and infects all that follows, which constitutes mainly a rejection of the Appellant's case on the ground that it is not credible. This adverse credibility finding cannot be maintained given that its foundation is unsustainable.

4. Mr Richards, on behalf of the Secretary of State, acknowledged the gravity and materiality of the Judge's error and, ultimately, was disposed to concede the appeal.


DECISION

5. I set aside the decision of the FtT and remit to a different constitution of that Tribunal. Mr McWatters produced a draft Rule 15(2a) Notice at the end of the hearing. I reiterate my direction that any application of this nature be made to the FtT within 14 days. For the record, I note that a copy was provided to Mr Richards.









THE HON. MR JUSTICE MCCLOSKEY
PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

Date: 30 September 2016