The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: UI-2022-002784


At the Upper Tribunal (Immigration and Asylum Chamber)
Decision & Reasons Promulgated
On the 25 October 2022
On the 16 November 2022





Secretary of State for the Home Department

1. The Appellant is a national of Namibia born in 1993 who seeks protection and leave on human rights grounds.
2. On the 13th March 2022 the First-tier Tribunal (Judge Bircher) dismissed her appeal, rejecting inter alia the Appellant’s claim that her father was a SWAPO activist.
3. The Appellant was granted permission to appeal to this Tribunal on the 9th May 2022 by Judge Nightingale, who considered it arguable that Judge Bircher erred in going behind a concession of fact made by the Secretary of State, who had accepted the Appellant’s father’s involvement in SWAPO. That error arguably infected the remainder of the credibility findings.
4. By her Rule 24 Response dated the 24th June 2022 Senior Presenting Officer Aboni agreed that the error was made out, and invited the Tribunal on behalf of the Secretary of State to set the decision of Judge Bircher aside, and to remit the appeal to be heard de novo in the First-tier Tribunal.
5. By her representatives email dated the 21st October 2022 the Appellant consented to this course of action. In view of the agreement between the parties the Tribunal agrees that the decision of Judge Bircher must be set aside and the decision remade in the First-tier Tribunal.
6. I am mindful that the Appellant continues to seek protection. Having had regard to paragraph 28 of Guidance Note 2022 No 2: Anonymity Orders and Hearings in Private1 I am therefore satisfied that it would be appropriate to make an order for anonymity in the following terms:
“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, any of her witnesses or any member of her family. This direction applies to, amongst others, both the Appellant and the Respondent. Failure to comply with this direction could lead to contempt of court proceedings”
Decisions and Directions
7. The decision of the First-tier Tribunal is set aside. The decision in the appeal is to be remade in the First-tier Tribunal by a Judge other than Judge Bircher.
8. There is an order for anonymity.

Upper Tribunal Judge Bruce
25th October 2022