Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/09716/2015

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 25 July 2016
On 4 August 2016

Before

DEPUTY UPPER TRIBUNAL JUDGE NORTON-TAYLOR

Between

A C
(ANONYMITY DIRECTION made)

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation:

For the Appellant: Mr J Collins, Counsel, instructed by Marsha and Partners
For the Respondent: Ms Z Ahmed, Senior Home Office Presenting Officer

DECISION AND REASONS
1. This is an appeal by the Appellant against the decision of First-tier Tribunal Judge Majid (the judge), promulgated on 5 May 2016, in which he dismissed the appeal on all grounds. The Appellant, a national of Albania, had claimed asylum in the United Kingdom based upon issues of trafficking and sexual abuse. The Respondent refused the protection and human rights claims by a decision of 5 May 2015.

Error of Law
2. This is a case in which both parties are agreed that the judge's decision contains material errors of law. These errors were initially set out in the grounds of appeal and then, having had an opportunity to consider the challenge, the Respondent, by way of a Rule 24 response dated 22 June 2016, accepted that there were errors as set out in the grounds.
3. In light of the positions of the respective parties and having carefully considered the decision and the grounds for myself, it is abundantly clear that there are numerous material errors of law.
4. This is a decision best described as poor in both its structure and content. There are no findings of fact on any material matters, there are no conclusions, and there are statements of principles of the law which are either irrelevant or simply wrong. On any view this decision simply cannot stand.
5. I therefore set aside the judge's decision.

Disposal
6. This appeal must be remitted to the First-tier Tribunal for a complete rehearing. There are no findings to preserve. I will issue relevant directions below.

Notice of Decision
The Appellant's appeal to the Upper Tribunal is allowed.
The decision of the First-tier Tribunal contains material errors of law.
The decision of the First-tier Tribunal is set aside.
The appeal is remitted to the First-tier Tribunal.

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 their 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.

Directions to the First-tier Tribunal and parties:
1. This appeal is to be reheard afresh, with no preserved findings;
2. The Appellant relies on both protection and human rights grounds;
3. The parties shall comply with any further directions issued by the First-tier Tribunal.

Directions for listing:
1. This appeal is remitted for rehearing at the Taylor House hearing centre on a date to be fixed;
2. This appeal shall not be reheard by First-tier Tribunal Judge Majid;
3. There is a 3 hour time estimate for the remitted hearing;
4. An Albanian interpreter is required.

Signed Date: 2 August 2016
Deputy Upper Tribunal Judge Norton-Taylor