AA/10839/2015

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision


IAC-FH-CK-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/10839/2015


THE IMMIGRATION ACTS


Heard at UT (IAC) Birmingham
Decision & Reasons Promulgated
On 16th February 2017
On 22nd February 2017


Before

DEPUTY UPPER TRIBUNAL JUDGE D E TAYLOR


Between

Mohammed Saad
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr M Ahmad, Solicitor of Morden Solicitors LLP (Birmingham)
For the Respondent: Mr D Mills, Home Office Presenting Officer


DECISION AND REASONS
1. This is the appellant's appeal against the decision of Judge Borsada made following a hearing at Birmingham on 13th May 2016.
Background
2. The appellant is a national of Libya from Sirte, and a member of Colonel Gaddafi's tribe. He claims to have left Libya by boat in August 2014 and made his way to the UK, claiming asylum on 22nd January 2015. He was refused on the grounds that his account of the events which led to his departure was not considered to be credible.
3. The judge agreed with the respondent and made adverse credibility findings. He applied the then country guidance case of AT and Others (Article 15c; risk categories) CG [2014] UKUT 318 and dismissed the appeal.
4. The appellant then sought permission to appeal which was initially refused by First-tier Tribunal Judge Ransley but subsequently granted by Upper Tribunal Judge Rimington on 1st August 2016.
5. It was argued in the grounds that the judge fundamentally and overly relied on the Secretary of State's reasons for rejecting the appellant's account without giving sufficient independent reasoning for rejecting it.
6. At the hearing Mr Mills told me that he was content that the appeal should be remitted to be heard afresh by another judge other than Judge Borsada. Since the decision was promulgated the Upper Tribunal has set aside the decision in AT and replaced it with FA (Libya: art 15(c)) Libya CG [2016] UKUT 00413.
7. Without conceding that the judge made errors in relation to the credibility of the appellant's claim he considered that a pragmatic course would be for the matter to be remitted to the First-tier so that the decision could be made afresh in line with the country guidance decision in FA.
8. Accordingly the decision is set aside to be redecided afresh by a judge other than Judge Borsada on the next available date at the Birmingham hearing centre.

No anonymity direction is made.


Signed Date 21 February 2017

Deputy Upper Tribunal Judge Taylor