PA/02552/2020

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/02552/2020


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On the 15 December 2021
On the 22 December 2021



Before

UPPER TRIBUNAL JUDGE PITT


Between

AA
(ANONYMITY DIRECTION made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms K Tobin, Counsel, instructed by AASK Solicitors
For the Respondent: Ms A Everett, Senior Home Office Presenting Officer


DECISION AND REASONS
1. This is an appeal against the decision issued on 2 March 2021 of First-tier Tribunal Judge Hanbury which refused the appellant’s protection and human rights appeals.
2. The respondent conceded that the decision of the First-tier Tribunal Judge disclosed an error of law such that it had to be set aside to be re-made de novo. The decision of the First-tier Tribunal did not address potentially material aspects of the appellant’s case, in particular his mother’s profile as a member of the protest movement pressuring the Sri Lankan authorities to locate the bodies of the “disappeared” and his brother being one of the “disappeared” and an LTTE fighter. The decision also failed to address the country materials setting out details of arrests of those who attended Tamil commemorations after the end of the civil war and assess the appellant’s claim that he had attended such a commemoration and that this had led to arrest in 2019 against that country material. The respondent accepted that the reasons for dismissing the appeal were not clear and conceded that it should be set aside to be remade afresh.
3. Where the protection and human rights appeal must be remade afresh with no preserved findings of fact and the evidence of the appellant must be re-heard it is appropriate for the appeal to be remade in the First-tier Tribunal.
Notice of Decision
4. The decision of the First-tier Tribunal discloses an error on a point of law and is set aside to be remade.
5. The appeal will be re-made in the First-tier Tribunal.


Signed: S Pitt Date: 15 December 2021
Upper Tribunal Judge Pitt