AA/09440/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/09440/2015


THE IMMIGRATION ACTS


Heard at Bradford
Decision & Reasons Promulgated
On 3 January 2017
On 26 January 2017



Before

UPPER TRIBUNAL JUDGE CLIVE LANE


Between

ahmed basher yakoub
(ANONYMITY DIRECTION not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr Hussain, instructed by Halliday Reeves
For the Respondent: Mrs Pettersen, Senior Home Office Presenting Officer


DECISION AND REASONS
1. The appellant, Ahmed Basher Yakoub, was born on 1 January 1989 and is a male citizen of Sudan. He appealed to the First-tier Tribunal (Judge N M K Lawrence) against a decision of the Secretary of State dated 12 June 2015 to refuse him asylum. The First-tier Tribunal, in a decision promulgated on 17 October 2016, dismissed the appeal. The appellant now appeals, with permission, to the Upper Tribunal.
2. The appellant appeals on the grounds that the judge failed to engage with the expert report of Dr Peter Verney as regards his ethnicity further, the appellant argues that the judged failed to rely upon the existing country guidance (MM (Darfuris) Sudan CG [2015] UKUT 10 (IAC)). The judge had concluded the report was immaterial as the appellant had not claimed to be at risk by virtue of ethnicity. The Tribunal in MM had concluded that non-Arab Darfuris (such as the appellant claims to be) were at risk on return to Sudan.
3. The respondent did not oppose the appeal (see the Rule 24 letter dated 7 December 2016). I also agree that the judge has failed to consider all the evidence and, in particular, the expert report.
4. I set aside the decision of the First-tier Tribunal. There will need to be another finding exercise; none of the findings of the First-tier Tribunal shall stand.
Notice of Decision
5. The decision of the First-tier Tribunal promulgated on 17 October 2016 is set aside. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal (not Judge N M K Lawrence) for that Tribunal to remake the decision.



Signed Date 20 January 2017

Upper Tribunal Judge Clive Lane




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



Signed Date 20 January 2017

Upper Tribunal Judge Clive Lane