AA/10438/2015 & Ors.

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/10438/2015
AA/10715/2015
AA/10716/2015
AA/10724/2015


THE IMMIGRATION ACTS


Heard at Bradford
Decision & Reasons Promulgated
On 7 November 2016
On 8 November 2016



Before

DEPUTY UPPER TRIBUNAL JUDGE SAFFER


Between

SMA
ANMARAH
jNMARAH
zNMARAH
(ANONYMITY ORDER MADE)
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr Davison a Solicitor
For the Respondent: Mrs Peterson a Home Office Presenting Officer


DECISION AND REASONS

Background
1. The Respondent refused the Appellants' applications for asylum or ancillary protection on 14 July 2015. Their appeal against that was dismissed by First-tier Tribunal Judge Head-Rapson ("the Judge") following a hearing on 5 September 2016.
2. I retain the anonymity order previously made pursuant to Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 as the Appellants' asylum and ancillary protection claim, for reasons that will become clear, remains outstanding.
3. First-tier Tribunal Judge Lever granted permission to appeal (13 October 2016). It is not necessary for me to recite details of the grant, or indeed the facts of the case, as Mrs Peterson accepted that the failure of the Judge to consider the asylum claim at all was a material error of law.
Conclusion on error of law
4. I am therefore satisfied that the Judge made a material error of law as identified above.
5. Mrs Peterson and Mr Davison agreed that it was appropriate for me to remit the matter to the First-tier Tribunal and that no findings should be preserved.
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 the decision.
The matter shall be remitted to the First-tier Tribunal, not before Judge Head-Rapson, with a time estimate of 3 hours and an interpreter in Arabic being provided.


Signed:
Deputy Upper Tribunal Judge Saffer
7 November 2016