PA/02127/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/02127/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 5 December 2016
On 6 December 2016




Before

UPPER TRIBUNAL JUDGE PITT

Between

Pakiyaraja [P]
(ANONYMITY DIRECTION NOT MADE)

Appellant
and

Secretary of State FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: Mr A Gilbert, Counsel instructed by Wimbledon Solicitors
For the Respondent: Ms A Fijiwala, Senior Home Office Presenting Officer


DECISION AND REASONS

1. This is an appeal against the decision promulgated on 9 June 2016 of First-tier Tribunal Judge E Grant which refused an appeal on asylum and human rights grounds.
2. At the hearing before me, the parties were in agreement that the grounds set out at paragraphs 2 and 3 had merit. The approach taken by the First-tier Tribunal judge to the physical and psychiatric medical evidence, in particular at [93]-[95] was in error. The FTTJ erred in the proper application of JL (medical reports-credibility) China [2013] UKUT 00145 (IAC) and KV (scarring - medical evidence) Sri Lanka [2014] UKUT 00230 (IAC) and in failing to take into account alternative evidence from the detention centre Rule 35 report as well as the physical medical report.
3. The parties were also in agreement that these errors concerning the medical evidence were undermined the credibility assessment entirely because of the holistic nature of that exercise. In those circumstances, the respondent consented to the decision being set aside and it was common ground that the re-making should take place in the First-tier Tribunal in line with paragraph 7 of Part 3 of the Senior President's Practice Statement dated 25 September 2012

Notice of Decision

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

The appeal will be re-made de novo in the First-tier Tribunal.



Signed Date: 5 December 2016
Upper Tribunal Judge Pitt