Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: UI-2021-001456
(PA/50564/2021) [IA/01161/2021]

THE IMMIGRATION ACTS

Determined at Field House
On the 19 May 2022
Decision & Reasons Promulgated
On the 11 July 2022

Before

UPPER TRIBUNAL JUDGE blum

Between

ELIAKIM KAMDEM TOUKAM
(anonymity direction NOT MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DECISION AND REASONS

1. This decision is issued under the provisions of rule 40(3)(a) and (b) of the Tribunal Procedure (Upper Tribunal) Rules 2008. Both subparagraphs of rule 40(3) apply to this decision.

2. This decision is additionally issued pursuant to rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008 in circumstances where the Tribunal has had regard to the view expressed by both parties when deciding whether to hold a hearing.

3. In reaching its decision the Upper Tribunal has had regard to the email from Sian Rushford to the Upper Tribunal dated 18 May 2022 and received at 13:58, and the email response from Cameroon Asylum Support Association UK sent to the Upper Tribunal at 17:17 on 18 May 2022.

4. The decision of Judge of the First-tier Tribunal Fowell, promulgated on 20 August 2021 is erroneous in law. The Judge failed to assess the appellant’s credibility in the round (notwithstanding the self-directions at [35] – [36]), and to have treated section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 as the starting point at [25].

5. The appeal is remitted back to the First-tier Tribunal to be determined de novo by a judge other than Judge Fowell.

Notice of Decision

The judge’s decision contains a material error of law. The case is remitted back to the First-tier Tribunal, to be heard afresh by a judge other than Judge Fowell.

D.Blum 19 May 2022

Signed Date
Upper Tribunal Judge Blum