Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA396432014

THE IMMIGRATION ACTS

Heard at Manchester
Decision & Reasons Promulgated
On 16th May 2016
On 15th June 2016

Before

UPPER TRIBUNAL JUDGE REEDS

Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

kb
(ANONIMITY DIRECTION made)
Respondent

Representation:
For the Appellant: Miss Johnstone, Senior Home Office Presenting Officer
For the Respondent: Miss Aspinall, Counsel instructed on behalf of the Appellant

DECISION ON DISPOSAL
1. KB is a national of Libya. In the light of the circumstances of the recent claim I make an anonymity order. Pursuant to 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 her. This direction applies both to the Appellant and to the Respondent. Failure to comply with this direction could lead to contempt of court proceedings.
2. The Secretary of State appeals with permission against the decision of the First-tier Tribunal, who in a determination promulgated on 11th February 2015 allowed her appeal on humanitarian protection grounds (Article 15(c)).
3. Whilst the Secretary of State is the Appellant, I intend to refer to the parties as they were before the First-tier Tribunal for ease of reference.
4. Ina determination promulgated on the 24th May 2016, I reached the conclusion that the determination of the First-tier Tribunal disclosed an error of law and that it should be set aside. I made a direction that the parties were to provide any submissions they wish to make as to whether the appeal is to be remitted to the First-tier Tribunal or to be re-made by the Upper Tribunal within 14 days of receiving these directions.
5. I have received submissions on behalf of the appellant but have not received any from the Secretary of State. Having considered those submissions and in the light of the reasons that I have given for reaching the conclusion that the decision should be set aside, I am satisfied that the appropriate course is for the decision of the First-tier Tribunal to be set aside and to determine the appeal with a fresh oral hearing by way of remittal to the First-tier Tribunal.
6. Therefore having given particular regard to the overriding objective of the efficient disposal of appeals and that there are issues of fact that require determination I therefore remit the appeal. The case is to be remitted to the First-tier Tribunal in accordance with Section 12(2) (b) of the Tribunals, Courts and Enforcement Act and paragraph 7.2 of the Practice Statement of 10th February 2010 (as amended).
7. Consequently for those reasons, I set aside the decision relating to the issue of humanitarian protection under Article 15(c). The decision to dismiss the appeal against the decision of the Secretary of State to refuse to vary leave on Article 8 grounds has not been the subject of any challenge and thus that part of the decision stands as do the findings made at paragraphs [59 to 71].
8. In terms of further directions,
(i) The Secretary of State is to file and serve any country materials relied upon no later than seven days before any further hearing and provide a skeleton argument setting out their position, attaching to it any legal authorities relied upon.
(ii) The appellant's solicitors shall serve on the Tribunal and the Secretary of State any further documentary evidence upon which it is intended to rely at that hearing no later than 14 days before the hearing.
(iii) The Appellant's solicitors shall also file an updated skeleton argument relevant to the issue of humanitarian protection under Article 15(c).
(iv) To assist in the onward listing the parties are to provide advocates availability within 14 days of the directions being received
(v) The appellant has permission to rely upon the bundle of country materials already filed with the Upper Tribunal on the 16th May 2016.

Notice of Decision

9. The judge made an error of law in allowing the appeal on humanitarian protection grounds and that part of the decision is set aside. The findings of fact set out at paragraphs [59 to 71] and the decision made on Article 8 remain.

10. The Appellant's appeal relating to humanitarian protection will be determined afresh by the First-tier Tribunal.

11. The First-tier Tribunal made an error of law and the decision is set aside. The appeal is to be remitted to the First-tier Tribunal for a hearing in accordance with Section 12(2) (b) of the Tribunals, Courts and Enforcement Act and paragraph 7.2 of the Practice Statement of 10th February 2010 (as amended).

Signed Date 13/6/2016

Upper Tribunal Judge Reeds