AA/11302/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/11302/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 14 December 2017
On 22 January 2018



Before

THE HON. MR JUSTICE GOSS
UPPER TRIBUNAL JUDGE RINTOUL


Between

hae
(anonymity direction made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr A Chahan, Counsel instructed by Immigration Solutions Ltd
For the Respondent: Mr T Melvin, Senior Home Office Presenting Officer


DECISION AND REASONS

1. The appellant appeals with permission against the decision of the First-tier Tribunal dismissing his appeal. That decision was challenged by the appellant and permission was granted to appeal to the Upper Tribunal. At a hearing on 15 February Upper Tribunal Judge Martin found an error of law stating:-
"So far as the judge's findings in relation to asylum are concerned the adverse credibility findings have not met any significant challenge and indeed reading the judgment as a whole it is clear that there are numerous well-reasoned adverse credibility findings as to the asylum claim itself and therefore those are preserved. Accordingly the sole outstanding issue is Article 15(c) and for that reason the decision of the First-tier Tribunal is set aside with all findings preserved save the decision under Article 815(c) which shall be re-decided in the Upper Tribunal."
2. Since then there has been a decision of the Upper Tribunal on the issue of the Article 15(c) risk in Libya ZMM (Article 15(c)) Libya CG [2017] UKUT 263. In light of that and in light of the concession by the Secretary of State that she is not contesting that the Upper Tribunal should not follow ZMM we are satisfied that the appeal should be allowed on the basis that there is a risk to the appellant such that the violence in Libya has reached such a high level that there are substantial grounds shown for believing that he as a returning civilian would solely on account of his presence in that country and accordingly the appeal must be allowed on that basis on humanitarian protection grounds only.
Notice of Decision

The appeal is allowed on Humanitarian Protection grounds only

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 him or any member of their 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 18 January 2018

Upper Tribunal Judge Rintoul