AA/12987/2015

• Status of case: Unreported
• Hearing date: 5 Oct 2016
• Promulgation date: 19 Oct 2016
• Publication date: 17 Sep 2018
• Last updated on: 17 Sep 2018

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/12987/2015

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 5th October 2016
On 19th October 2016



Before

DEPUTY UPPER TRIBUNAL JUDGE J G MACDONALD

Between

S L
(ANONYMITY DIRECTION made)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Mr M Symes, Counsel instructed by Wilson Solicitors LLP
For the Respondent: Mr I Jarvis, Senior Home Office Presenting Officer

DECISION AND REASONS

1. The Appellant is a national of Afghanistan whose appeal was dismissed by First-tier Tribunal Judge Manyarara in a decision promulgated on 22nd June 2016. In essence the Appellant's claim that he could not be returned to Afghanistan centred on the proposition that he was gay and the judge found that he was not.
2. Grounds of application were lodged on the basis that the judge had ignored material evidence all as set out in the grounds. In particular there was a letter from the Appellant's counsellor Jill Power which evidence was material to the Appellant's sexuality and there was no mention of any of her evidence in the decision. As such it was said that the judge in the First-tier Tribunal had erred in law. Permission to appeal was granted by Deputy Upper Tribunal Judge Taylor.
3. Before me Mr Jarvis for the Home Office conceded that the judge had indeed erred in law and the parties agreed that there was no alternative but to set the decision aside and remit it to the First-tier Tribunal.
4. The decision of the First-tier Tribunal is therefore set aside in its entirety. No findings of the First-tier Tribunal are to stand. Under Section 12(2)(b)(i) of the 2007 Act and of Practice Statement 7.2 the nature and extent of the judicial fact-finding necessary for the decision to be re-made is such that it is appropriate to remit the case to the First-tier Tribunal. In the circumstances I will make an anonymity direction.
Decision
5. The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
6. I set aside the decision.
7. I remit the appeal to the First-tier Tribunal.


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


Deputy Upper Tribunal Judge J G Macdonald 19th October 2016