AA/12395/2015

• Status of case: Unreported
• Hearing date: 2 Aug 2016
• Promulgation date: 10 Aug 2016
• Publication date: 18 Dec 2017
• Last updated on: 18 Dec 2017

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/12395/2015


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 2nd August, 2016
Signed 4th August, 2016
On 10th August, 2016



Before

Upper Tribunal Judge Chalkley


Between

[I C]
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms P Chandran of Counsel, instructed by Duncan Lewis & Co Solicitors
For the Respondent: Mr I Jarvis, a Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The appellant is a citizen of the Gambia born on [ ] 1982. She appealed against the Secretary of State's decision made on 16th May, 2015 to direct her removal from the United Kingdom after failing to accept her asylum claim. Her appeal was heard by First-tier Tribunal Judge Gribble at Birmingham on 20th April, 2016.
2. Both representatives indicated that they were agreed that the determination of the First-tier Tribunal Judge did contain an error of law as identified in the grounds, namely that the judge failed to take account of the appellant's evidence that the police never took the appellant's claims of domestic violence seriously when they were reported; she failed to give any or adequate reasons as to why she arrived at the conclusion she did at paragraph 34 of the determination; and that she does not believe that the appellant's husband was unaware of the appellant's visit to the United Kingdom. The judge also failed to demonstrate that before making findings of fact, he properly considered the background objective evidence submitted to him in order that he could put the appellant's claim into context.
3. Both representatives agreed that the determination should be set aside and the matter remitted to the First-tier Tribunal for hearing afresh by a First-tier Tribunal Judge other than Judge Gribble.
4. Accordingly I find errors of law as identified by the representatives and set the determination aside. Given the length of time likely to elapse before the matter could come back for hearing before me (and given that I am sitting part-time) I believe that it is in the interests of justice that the matter should be remitted to the First-tier Tribunal for hearing afresh by a judge other than First-tier Tribunal Judge Gribble.

Notice of Decision
I find an error of law and set aside the judge's determination. The matter is remitted to the First-tier Tribunal for hearing afresh by a judge other than Judge Gribble.
It is respectfully suggested that two hours should be set aside for the hearing of the appeal.

Direction Regarding Anonymity under Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
The First-tier Tribunal granted the appellant anonymity. I have not been asked to vary that direction and accordingly it shall continue. No report of these proceedings shall directly or indirectly identify the appellant or any member of the appellant's 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.

Richard Chalkley
Upper Tribunal Judge Chalkley


TO THE RESPONDENT
FEE AWARD
No fee is paid or payable and therefore there can be no fee award.

Richard Chalkley
Upper Tribunal Judge Chalkley