PA/02054/2015

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  • Status of case: Unreported
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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/02054/2015


THE IMMIGRATION ACTS


Heard at Bradford
Decision & Reasons Promulgated
On 2 May 2019
On 07 May 2019



Before

UPPER TRIBUNAL JUDGE LANE


Between

MSH
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms Khan
For the Respondent: Mrs Pettersen, Senior Home Office Presenting Officer


DECISION AND REASONS
1. I refer to my decision promulgated on 30 January 2017. Confusion has subsequently arisen as to whether the Secretary of State has or has not granted leave to remain to the appellant. I was under the impression that he had done so and accordingly on 4 January 2018 purported to issue a notice of abandonment. It transpires that the Secretary of State has not granted leave to remain to the appellant. I was assisted by both representatives at the For Mention hearing which I listed at Bradford on 2 May 2019. Both parties are agreed that I should issue this decision allowing the appellant's appeal against the Secretary of State's refusal of his application for international protection.
Notice of Decision
The appeal is allowed on asylum and human rights (Article 3 ECHR) grounds.


Signed Date 2 May 2019

Upper Tribunal Judge Lane



Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008

Unless and until a Tribunal or court directs otherwise, the appellants are granted anonymity. No report of these proceedings shall directly or indirectly identify them or any member of their family. This direction applies both to the appellants and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.