PA/01056/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal No PA/01056/2015


THE IMMIGRATION ACTS


Heard at Glasgow
Determination issued
on 17 May 2016
on 1 September 2016



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

HAMED [A]
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


For the Appellant: Mr G P McGowan, of Quinn, Martin & Langan, Solicitors
For the Respondent: Mrs M O'Brien, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The appellant, a citizen of Iran, appeals against a decision by FtT Judge P A Grant-Hutchison, promulgated on 8 March 2015, dismissing his appeal against refusal of recognition as a refugee.
2. Permission was granted by the FtT on the view that the judge might have erred in law by failing to have regard to parts of the evidence, failing to give adequate reasons for the finding that the appellant was not a genuine Christian convert, and failing to consider the difficulties which might arise in Iran as a result of the appellant's marriage to a Christian and the baptism of their child.
3. The respondent conceded that the judge failed to deal with important aspects of the appellant's case, and that the decision could not safely stand.
4. Parties agreed that the outcome should be as follows.
5. The decision of the first-tier Tribunal is set aside. None of its findings are to stand. The nature of the case is such that it is appropriate in terms of section 12(2)(b)(i) of the 2007 Act and of Practice Statement 7.2 to remit the case to the first-tier Tribunal for an entirely fresh hearing.
6. The member(s) of the first-tier Tribunal chosen to consider the case are not to include Judge P A Grant-Hutchison.
7. No anonymity order has been requested or made.





6 June 2016
Upper Tribunal Judge Macleman