PA/01319/2018

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The decision


Upper Tribunal
Immigration and Asylum Chamber Appeal Number: PA/01319/2018


THE IMMIGRATION ACTS

Heard at Glasgow Decision & Reasons Promulgated
on 7th December 2018 on 14th January 2019


Before

UPPER TRIBUNAL JUDGE PITT

Between

AANSA
(ANONYMITY DIRECTION MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS


1. The First-Tier Tribunal refused the appeal in a decision dated 20 September 2018. Permission to appeal to the Upper Tribunal was granted by the First-Tier Tribunal on 4 October 2018. In a Rule 24 notice dated 19 November 2018 the respondent concedes an error of law and invites the Upper Tribunal to remit the appeal to the First-Tier Tribunal for re-making. The appellant requests that the Upper Tribunal makes an error of law decision and remits the appeal for re-making without need for a further oral hearing.

2. The error of law here concerns procedural fairness and the appellant being treated as a vulnerable witness. The ground maintaining that the hearing and decision do not appear to have taken account of the material concerning the appellant's young age and mental health issues is made out. Where that is so, a re-making de novo is required and it is appropriate for this to take place in the First-Tier Tribunal.


DECISION

3. The decision of the First-tier Tribunal contains an error on a point of law and is set aside.

4. The appeal is remitted to the First-Tier Tribunal to be re-made de novo.


Signed: Date: 31 December 2018

Upper Tribunal Judge Pitt