Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/13661/2011

THE IMMIGRATION ACTS

Heard at Manchester
Decision & Reasons Promulgated
On 8th December 2016
On 13th December 2016

Before

UPPER TRIBUNAL JUDGE MARTIN

Between

MR SAMIR [Z]
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr J Nicholson (instructed by Greater Manchester Immigration Aid Unit)
For the Respondent: Mr A McVeety (Senior Home Office Presenting Officer)

DECISION AND REASONS
1. This is an appeal to the Upper Tribunal, with permission, by the Appellant in relation to a Decision and Reasons of Judge P J G White promulgated in January 2012 by which he dismissed the Appellant's asylum and humanitarian protection claim.

2. The case has had a tortuous journey to the Upper Tribunal and arrived before me with permission to appeal granted by the Vice President of the Upper Tribunal after an order of the High Court.
3. The alleged error of law by the First-tier Tribunal was that in what is unarguably an otherwise careful and detailed decision, the First-tier Tribunal Judge failed to treat the Appellant as a minor or to consider his best interests. At the date of the hearing the Appellant, a citizen of Afghanistan, was two weeks shy of his 18th birthday.
4. Mr McVeety, on behalf of the Secretary of State conceded that the First-tier Tribunal had made a material error of law and that the matter should be remitted to the First-tier Tribunal for a rehearing on all matters.
5. In light of the Respondent's concession I set aside the decision of the First-tier Tribunal and allow the appeal to the Upper Tribunal to the extent that it is remitted to the First-tier Tribunal for a full rehearing on all matters.

Signed Date 12th December 2016

Upper Tribunal Judge Martin