AA/11295/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/11295/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 28 March 2017
On 20 April 2017



Before

DEPUTY UPPER TRIBUNAL JUDGE ESHUN


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

MR MD YUNNS
(ANONYMITY DIRECTION NOT MADE)
Respondent


Representation:
For the Appellant: Mr N Bramble, HOPO
For the Respondent: Miss S Iqbal, Counsel


DECISION ON ERROR OF LAW
1. The respondent claims to be a citizen of Burma but the Secretary of State believes that he is Bangladeshi. He claimed asylum in the UK on the basis that he is a Rohingya Muslim who has a well-founded fear of persecution in Burma.
2. His appeal was allowed by FtTJ McIntosh in a determination promulgated 29 November 2016.
3. The Secretary of State has been granted permission to appeal the judge’s decision. FtTJ Landes held that it is arguable as set out in the grounds that the judge failed to make findings on material matters namely, the issues surrounding the family book. The family book was the critical document and the Secretary of State had raised several matters in the RFRL relating to the family book which the judge did not consider or determine in the section of the decision relating to credibility and findings of fact.
4. I agree entirely with FtTJ Landes. Accordingly, the judge’s decision cannot stand and should be remade.
5. The appeal is remitted to Taylor House for rehearing by a First-tier Judge other than FtTJ McIntosh.


Signed Date: 18 April 2017

Deputy Upper Tribunal Judge Eshun