PA/00410/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/00410/2016


THE IMMIGRATION ACTS


Heard at Vernon Street, Liverpool
on 05 January 2017
Decision & Reasons Promulgated
on 10 January 2017



Before

The Hon. Mr Justice McCloskey, President


Between

ISMAIL [E]
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation
Appellant: Ms K Smith, of counsel, instructed by Binas Solicitors
Respondent: Mr C Bates, Senior Home Office Presenting Officer


DECISION
1. Errors of law in the decision of the First-tier Tribunal (the "FtT") have, correctly, been acknowledged by Mr Bates on behalf of the Respondent. The only issue argued was that of materiality.
2. I conclude that the decision of the FtT suffers from the following infirmities:
(a) The Tribunal failed to give consideration to, much less apply, the operative Country Guidance decision of the Upper Tribunal, namely FA (Libya) [2016] UKUT 00413. Rather, the Tribunal, mistakenly, gave consideration to what it characterised "the relevant case" of AT and Others [2014] UKUT 318 which was expressly described as "unreliable" in [11] of FA (Libya).
(b) The Tribunal failed to take into account the relevant Home Office "CIG", published in June 2016.
(c) The Tribunal failed to make concrete findings relating to the Appellant's assertions of political involvement and journalistic activities and, in consequence, failed to give adequate consideration of the Appellant's personal circumstances.
(d) The Tribunal failed to assess the issue of internal relocation.
3. The materiality of these errors of law, whether individually or in combination, cannot be gainsaid. Any suggestion that they made no difference to the outcome is manifestly untenable.
Decision
4. On these grounds:
(i) I set aside the decision of the FtT.
(ii) I remit the appeal to a differently constituted FtT for fresh decision.
(iii) I preserve no findings of fact.





THE HON. MR JUSTICE MCCLOSKEY
PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

Date: 05 January 2017