AA/13217/2015

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The decision


IAC-FH-NL-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/13217/2015


THE IMMIGRATION ACTS


Heard at Liverpool
Decision & Reasons Promulgated
On 29th November 2016
On 19th January 2017




Before

DEPUTY UPPER TRIBUNAL JUDGE D E TAYLOR

Between

Frozan [H]
(ANONYMITY DIRECTION NOT MADE)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: Mr J Nicholson, Counsel instructed by GMIAU
For the Respondent: Mr G Harrison, Home Office Presenting Officer


DECISION AND REASONS

1. This is the appellant's appeal against the decision of Judge Heynes made following a hearing at Manchester on 25th July 2016.
2. The appellant claimed that she was at risk on return to Afghanistan, having dishonoured her husband's family by escaping from them after sexual abuse at the hands of her brother-in-law, who was an extremely influential man, a former ambassador. Her father, a senior police officer, is dead and her husband has disappeared.
3. The judge disbelieved the appellant's account in its entirety.
4. Mr Harrison did not seek to defend this determination.
5. The judge did not engage with the main issue in the appeal, namely whether the core of her story about the events which led to her leaving Afghanistan was true. Instead he concentrated his attention on what the appellant had done with her passport after arrival in the UK and the circumstances in which she made her actual asylum claim here.
6. The judge erred in law by failing to deal with relevant matters and his decision is set aside. It is remitted to the first tier tribunal and will have to be re-made by another First-tier Judge sitting at Manchester.

No anonymity direction is made.




Signed Date 17 January 2017

Deputy Upper Tribunal Judge Taylor