Tribunal decisions

The decision

IAC-AH-SAR-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/10268/2015

THE IMMIGRATION ACTS

Heard at City Centre Tower, Birmingham
Decision & Reasons Promulgated
On 6th December 2016
On 6th January 2017

Before

DEPUTY upper tribunal JUDGE RENTON

Between

C N
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mrs A Imamovic, Counsel instructed by French & Co
For the Respondent: Mr D Mills, Senior Home Office Presenting Officer

DECISION AND REASONS
Introduction
1. The Appellant is a female citizen of Zimbabwe born on 25th December 1974. She first arrived in the UK on 14th August 2002 when she was given leave to enter as a visitor until 14th March 2003. The Appellant did not leave, and she then made a series of unsuccessful applications for leave to remain as a student and a refugee. Finally and on 19th September 2012, she made further submissions which was treated as a fresh application for asylum. That application was refused for the reasons given in the Respondent's letter of 8th July 2015. The Appellant appealed, and her appeal was heard by Judge of the First-tier Tribunal J Pacey (the Judge) sitting at Birmingham on 25th January 2016. She decided to dismiss the appeal for the reasons given in her Decision dated 31st January 2016. The Appellant sought leave to appeal that decision, and on 2nd March 2016 such permission was granted.
Error of Law
2. I must first decide if the decision of the Judge contained an error on a point of law so that it should be set aside.
3. The Judge dismissed the appeal because she found the Appellant's evidence to be lacking in credibility, and that the Appellant's sur place activities in the UK did not put her at risk on return to Zimbabwe. The Judge also found that there were no compelling circumstances enabling her to consider the Appellant's Article 8 ECHR rights outside the Immigration Rules. In the Rule 24 response, it was conceded by the Respondent that the Judge had committed material errors of law in respect of both decisions. This concession was repeated at the hearing before me.
4. I therefore find a material error of law in the decisions of the Judge which I now set aside. I am not required to give any reasons for my judgment in accordance with Rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008.
Notice of Decision
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
I set aside that decision.
The decision will be re-made in the First-tier Tribunal in accordance with paragraph 7.2(b) of the Practice Statements. None of the findings of fact and as to credibility made by the First-tier Tribunal will be preserved.
Anonymity
The First-tier Tribunal made an order for anonymity which I continue for the reasons given by 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 her or any member of her 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.

Signed Date

Deputy Upper Tribunal Judge Renton