PA/01396/2016

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The decision


IAC-AH-LEM-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/01396/2016


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 25th November 2016
On 6th January 2017



Before

DEPUTY upper tribunal JUDGE RENTON


Between

J T
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms S Jegarajah, Counsel instructed by Ask Solicitors
For the Respondent: Mr S Walker, Home Office Presenting Officer


DECISION AND REASONS
Introduction
1. The Appellant is a male citizen of Sri Lanka born on 26th May 1980. He entered the UK illegally on 2nd August 2010 and applied for asylum two days later on the basis that he was at risk on return owing to his association with the LTTE. That application was refused for the reasons given in the Respondent's letter of 27th January 2016. The Appellant appealed, and his appeal was heard by Judge of the First-tier Tribunal Page (the Judge) sitting at Newport on 23rd August 2016. He decided to dismiss the appeal on asylum, humanitarian protection, and human rights grounds for the reasons given in his Decision dated 1st December 2016. The Appellant sought leave to appeal that decision, and on 25th October 2016 such permission was granted.
Error of Law
2. I must first decide if the decision of the Judge contained an error on a point of law so that it should be set aside.
3. At the hearing before me, it was agreed between the parties that the grounds of application might be amended to include a ground that the Judge had erred in law by mistakenly believing that an issue of fact had not been raised by the Appellant in a witness statement dated 30th January 2015 which had been before the Judge at the hearing before him. It was conceded by Mr Walker that this ground constituted a material error of law so that the decision of the Judge should be set aside, and it was further agreed by the parties that the decision of the Judge should be remade in the First-tier Tribunal.
4. I accordingly find that there was a material error of law in the decision of the Judge which I therefore set aside. As my decision is with the consent of the parties, I do not have to give my reasons for that decision in accordance with the provisions of Rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008.
Decision
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
I set aside that decision.
The decision will be remade in the First-tier Tribunal in accordance with paragraph 7.2(b) of the Practice Statements.
Anonymity
The First-tier Tribunal made an order for anonymity which I continue for the reasons given by the First-tier Tribunal.


Signed Date

Deputy Upper Tribunal Judge Renton