Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/09992/2015

THE IMMIGRATION ACTS

Heard at Glasgow
Decision & Reasons Promulgated
on 25th August 2016
On 26th August 2016

Before

upper tribunal JUDGE MACLEMAN

Between

ANWAR [M]
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr K H Forrest, Advocate, instructed by Neil Barnes, Solicitors
For the Respondent: Mr M Matthews, Senior Home Office Presenting Officer

DETERMINATION AND REASONS
1. The appellant appeals against a decision by First-tier Tribunal Judge Fox, promulgated on 19th May 2016, dismissing his asylum appeal. The judge accepted that the appellant is a national of Eritrea and would be at real risk of persecution if removed there. However, the judge also said that the appellant would not be at risk upon return to Saudi Arabia, where he lived from birth until he travelled to the UK in 2015.
2. Upper Tribunal Judge Allen granted permission to appeal, on the view that it was unclear on what basis the judge thought the appellant could be returned to Saudi Arabia, having made no finding about his status there.
3. Mr Matthews conceded that on the judge's findings of fact, the appeal should have been allowed under the Refugee Convention. The appellant had not been found to have a second nationality. He might have had another country of habitual residence, but that was a different matter. Whether the appellant is removable to Saudi Arabia is a separate issue for the respondent to consider once these proceedings are resolved.
4. By agreement, the decision of the First-tier Tribunal is set aside and the following decision is substituted. The appellant has established that he is a national of Eritrea, and that his removal there would breach the UK's obligations under the Refugee Convention. The appeal, as originally brought to the First-tier Tribunal, is accordingly allowed.

26 August 2016
Upper Tribunal Judge Macleman