DA/00760/2011
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The decision
IAC-FH-NL-V1
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: DA/00760/2011
THE IMMIGRATION ACTS
Heard at Field House
Determination Promulgated
On 10 December 2014
On 15 December 2014
Oral judgment
Before
UPPER TRIBUNAL JUDGE COKER
Between
BZ
(Anonymity Direction made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr B Lams, Counsel instructed by J D Spicer Zeb Solicitors
For the Respondent: Mr S Walker, Home Office Presenting Officer
DETERMINATION AND REASONS
1. This is the appeal of B Z against a decision by the First-tier Tribunal to dismiss his appeal on asylum grounds. This case has had an unfortunate history. His appeal was originally heard against a decision that was served on him on 6 October 2011. That appeal was heard on 16 September 2013 and dismissed. It then came before the Upper Tribunal on 21 January 2014 and, in a judgment delivered orally on 4 February 2014, an error of law was found such that the decision should be set aside and remitted to the First-tier to be heard again with no findings preserved. It was then heard again before the First-tier Tribunal, Judge Ross, on 14 July 2014 and in a determination promulgated on 7 October 2014 his appeal on asylum grounds was again dismissed. He sought and was granted permission to appeal on the grounds that there had been material errors of fact as to the length of time that he had spent in Italy, that his credibility had been wrongly impugned because of a lack of corroborative evidence, that the judge had erred in finding that the appellant had only challenged the recording of his answers in September 2013 whereas his statement of 9 November 2011 addressed that issue and that having accepted that the appellant was an ethnic Roma, the judge had ignored the expert evidence as to sufficiency of protection for Roma in Albania.
2. Although Mr Walker on behalf of the Secretary of State did not accept that there had been errors of fact in connection with the travel from Albania to Greece and from Greece to Italy and the time that he had spent in Italy, when considering the original Statement of Evidence Form in 2009 and from the Record of Proceedings where it was found that the appellant had been in Italy for some six months, Mr Walker did accept that there had been a failure on the part of Judge Ross to consider the expert evidence as to sufficiency of protection for Roma in Albania. On that basis I am satisfied that in these circumstances, yet again, this appeal will have to go back to the First-tier Tribunal for a fresh decision to be taken.
3. The findings to be retained are that the appellant is an Albanian citizen of Roma ethnicity which is to be found in paragraph 12 of the determination of Judge Ross. I therefore set aside the decision and remit to the First-tier Tribunal.
Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/269) I make an anonymity order. Unless the Upper Tribunal or a Court directs otherwise, no report of these proceedings or any form of publication thereof shall directly or indirectly identify the original Appellant. This direction applies to, amongst others, all parties. Any failure to comply with this direction could give rise to contempt of court proceedings.
Signed Date 15th December 2014
Upper Tribunal Judge Coker
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: DA/00760/2011
THE IMMIGRATION ACTS
Heard at Field House
Determination Promulgated
On 10 December 2014
On 15 December 2014
Oral judgment
Before
UPPER TRIBUNAL JUDGE COKER
Between
BZ
(Anonymity Direction made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr B Lams, Counsel instructed by J D Spicer Zeb Solicitors
For the Respondent: Mr S Walker, Home Office Presenting Officer
DETERMINATION AND REASONS
1. This is the appeal of B Z against a decision by the First-tier Tribunal to dismiss his appeal on asylum grounds. This case has had an unfortunate history. His appeal was originally heard against a decision that was served on him on 6 October 2011. That appeal was heard on 16 September 2013 and dismissed. It then came before the Upper Tribunal on 21 January 2014 and, in a judgment delivered orally on 4 February 2014, an error of law was found such that the decision should be set aside and remitted to the First-tier to be heard again with no findings preserved. It was then heard again before the First-tier Tribunal, Judge Ross, on 14 July 2014 and in a determination promulgated on 7 October 2014 his appeal on asylum grounds was again dismissed. He sought and was granted permission to appeal on the grounds that there had been material errors of fact as to the length of time that he had spent in Italy, that his credibility had been wrongly impugned because of a lack of corroborative evidence, that the judge had erred in finding that the appellant had only challenged the recording of his answers in September 2013 whereas his statement of 9 November 2011 addressed that issue and that having accepted that the appellant was an ethnic Roma, the judge had ignored the expert evidence as to sufficiency of protection for Roma in Albania.
2. Although Mr Walker on behalf of the Secretary of State did not accept that there had been errors of fact in connection with the travel from Albania to Greece and from Greece to Italy and the time that he had spent in Italy, when considering the original Statement of Evidence Form in 2009 and from the Record of Proceedings where it was found that the appellant had been in Italy for some six months, Mr Walker did accept that there had been a failure on the part of Judge Ross to consider the expert evidence as to sufficiency of protection for Roma in Albania. On that basis I am satisfied that in these circumstances, yet again, this appeal will have to go back to the First-tier Tribunal for a fresh decision to be taken.
3. The findings to be retained are that the appellant is an Albanian citizen of Roma ethnicity which is to be found in paragraph 12 of the determination of Judge Ross. I therefore set aside the decision and remit to the First-tier Tribunal.
Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/269) I make an anonymity order. Unless the Upper Tribunal or a Court directs otherwise, no report of these proceedings or any form of publication thereof shall directly or indirectly identify the original Appellant. This direction applies to, amongst others, all parties. Any failure to comply with this direction could give rise to contempt of court proceedings.
Signed Date 15th December 2014
Upper Tribunal Judge Coker