PA/02502/2018 & PA/02505/2018

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: PA/02502/2018
PA/02505/2018


THE IMMIGRATION ACTS


Heard at Glasgow
Decision & Reasons Promulgated
on 01 March 2019
On 04 March 2019



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

AMOS [A]
&
ABIDEMI [A]
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


For the 1st Appellant: Ms S H McKeeve, of McGlashan MacKay, Solicitors
For the 2nd Appellant: Mr M Templeton, of Quinn, Martin & Langan, Solicitors
For the Respondent: Mr A Govan, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The appellants appeal against a decision by First-tier Tribunal Judge David C Clapham SSC, promulgated on 7 June 2018.
2. Mr Govan conceded that the grounds showed that central issues of fact were left unresolved; a legally inadequate explanation was given for the outcome; and the decision could not be saved on grounds of internal relocation, because the unresolved contentions of the appellants went, in part, to the reach of the alleged persecutors.
3. Parties agreed that the outcome should be as follows.
4. The decision of the FtT is set aside. It stands only as a record of what was said at the hearing.
5. The nature of the case is such that it is appropriate under section 12 of the 2007 Act, and under Practice Statement 7.2, to remit to the FtT for an entirely fresh hearing.
6. The member(s) of the FtT chosen to consider the case are not to include Judge Clapham.
7. No anonymity direction has been requested or made.





1 March 2019
UT Judge Macleman