AA/10058/2015 & AA/10060/2015

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The decision




Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: AA100582015
AA100602015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 7th June 2016
On 14th June 2016




Before

UPPER TRIBUNAL JUDGE MARTIN

Between

[M K]
[H S]
(ANONYMITY DIRECTION NOT MADE)
Appellants

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation:

For the Appellant: Miss D Urie (instructed by Duncan Lewis & Co Solicitors)
For the Respondent: Mr E Tufan (Senior Home Office Presenting Officer)


NOTICE OF DECISION

1. This is an application to the Upper Tribunal by the Appellants with permission granted by me on 22nd April 2016. The Appellants are all Afghan nationals and they appeal the decision of First-tier Tribunal Judge Kanagaratnam who in a Decision and Reasons promulgated on 29th March 2016 dismissed their asylum claims.
2. The reason that I granted permission and the reason that I am setting aside the decision is that the Judge failed to take into account at all the Appellant supplementary bundle which included an expert's report. It is quite clear from the Judge's Record of Proceedings that he had the bundle because it is specifically referred to, as is the expert report and indeed the pages numbers of the supplementary bundle 159-190 are written in his notes and highlighted. However no mention is made of those at all in the Decision and Reasons.
3. Whether or not those documents and the expert report would have made a material difference is not the issue. I find the Appellant are entitled to have a decision made on the basis of all the evidence put forward on their behalf. In this case that did not happen. That is an error of law. It is fundamental.
Notice of Decision
4. The whole case will have to be reheard and for that reason I remit it to the First-tier Tribunal to be heard by a judge other than Judge Kanagaratnam. It should be remitted to Hatton Cross for a rehearing.

No anonymity direction is made.




Signed Date 13th June 2016


Upper Tribunal Judge Martin