Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/11673/2015

THE IMMIGRATION ACTS

Heard at Manchester Piccadilly
Decision & Reasons Promulgated
On 27 March 2017
On 28 March 2017

Before
DEPUTY UPPER TRIBUNAL JUDGE BIRRELL

Between
MAHMOUD IBRAHIM MAHMOUD
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr I Hussain from Lei Dat Baig
For the Respondent: Mrs Petterson Senior Home Office Presenting Officer

DECISION AND REASONS
Introduction
1. I have considered whether any parties require the protection of an anonymity direction. No anonymity direction was made previously in respect of this Appellant. Having considered all the circumstances and evidence I do not consider it necessary to make an anonymity direction.
2. The Appellant claims to be a national of Eritrea born on 1 November 1994. The Appellant appealed against the decision of the Secretary of State dated 13 August 2015 to refuse to grant an application for refugee status. First-tier Tribunal Judge M A Khan dismissed the appeal and the Appellant now appeals with permission to this Tribunal.
3. The background to this appeal is that the Appellant entered the United Kingdom and claimed asylum on 8 January 2015. The Appellant claimed that he was an Eritrean national born in Saudi Arabia where he lived until he was deported on 7 November 2014. He remained in Eritrea for one month then left via Sudan, France and Turkey. The Appellant claims that he is at risk on return because of his fathers political views and illegal exit.
4. The Respondent refused the application because it was not accepted that the Appellant was an Eritrean national because of inconsistencies in his account; it was not accepted that his father was involved in political activities that put him at risk; it was not accepted that the Appellant left Eritrea illegally as claimed; the Appellant failed to claim asylum in safe countries en route; the requirement to do national service in Eritrea would not constitute persecution. .
5. The First-tier Tribunal Judge heard oral evidence from the Appellant and from Osman Walalo and Ahmed Idris. The Judge concluded that at paragraph 45 that he did not accept the Appellants evidence as to his nationality but at paragraph 47 that Eritrea was his country of origin.
6. At the hearing before me Ms Petterson referred to the Rule 24 Notice which conceded that there were errors of law in the decision. There were contradictory findings about nationality. There were no findings about whether the Appellant had exited Eritrea illegally and the risk on return.
Error of Law
7. The grounds of appeal to the Upper tribunal content that the First-tier Tribunal Judge erred in two respects. It is firstly contended that the Judge made contradictory findings as to the Appellants nationality and I am satisfied that Mrs Petterson was right to concede that this challenge had merit.
8. It was also argued that the Judge had wholly failed to engage with the arguments as to illegal exit and there was no finding as to whether , as the Respondent suggested, the Appellant came to the UK direct from Saudi Arabia or exited Eritrea illegally and what risk he faced on return by reference to this on the basis of caselaw and the background material.
9. I therefore set the decision aside.
10. Given the failure to make any clear findings on the core elements of the Appellants claim I am satisfied that this is a case that should be remitted to the First-tier Tribunal for a full rehearing with no findings preserved. The matter should be listed before me on a date to be fixed.
11. I made the following directions for the resumed hearing
List for 3 hours
Middle Eastern Arabic Interpreter.

Signed Date 27.3.2017
Deputy Upper Tribunal Judge Birrell