Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/03030/2015

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 15 November 2016
On 07 December 2016

Before

DEPUTY UPPER TRIBUNAL JUDGE G A BLACK

Between

M H S
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Ms G Mellon, Counsel, instructed by Sutovic & Hartigan
For the Respondent: Mr E Tufan, Home Office Presenting Officer

DECISION AND REASONS

1. This is an appeal by the appellant against a decision of the First-tier Tribunal (Judge Dineen) ("FTT") promulgated on 26 September 2016 in which he dismissed the appeal on asylum, humanitarian protection and human rights grounds.

2. The appellant was an unaccompanied minor from Albania who was just over 17 years old at the date of hearing. It was conceded by the respondent that he was the victim of domestic abuse and violence from his father. The respondent had been provided an expert report by Dr Juliet Cohen which found the appellant's account of abuse as credible.

3. In grounds of application for permission, Ms Mellon who appeared at the First-tier Tribunal and appears before me today, argued that the FTT materially erred in its consideration of the appeal issues entirely and which resulted in a flawed determination.

4. I have taken into account the submissions made by Mr Tufan and the Rule 24 response. However, I am satisfied that there are material errors of law as argued in the grounds for permission. The FTT did not properly engage with the relevant issues to the required standard, in particular there was no proper consideration of membership of a particular social group [32], risk on return and internal relocation. The FTT failed to apply the appropriate test, namely "unduly harsh" at [40] for relocation. In respect of Article 8 there is no reference to paragraph 276ADE at all and a fairly cursory consideration of Article 8 outside of the Rules.

5. I am further satisfied that the ground arguing that the FTT failed to consider the unchallenged expert report of Dr Young is made out. Although reference to the report was made in bullet points at [40] the FTT failed to engage in or to demonstrate that any meaningful consideration was given to the expert report.

6. As a consequence none of the findings made can be preserved save for the fact that the appellant, as was conceded, was a victim of domestic violence. His case was put on the basis that from the age of 9 years until the age of 15 years he was seriously assaulted by his father and in 2015 subject to two further assaults from people connected to his father. The matter should be remitted for a hearing de novo at the First-tier Tribunal

Notice of Decision

7. I find material error in law and the decision and reasons shall be set aside. The matter is remitted to the FTT at Hatton Cross (excluding Judge Dineen).

No anonymity direction is made.

Signed Date 5th December 2016

GA Black
Deputy Upper Tribunal Judge G A Black

TO THE RESPONDENT
FEE AWARD

As I have allowed the appeal and because a fee has been paid or is payable, I have considered making a fee award and have decided to make no fee award.

Signed Date 5th December 2016

GA Black
Deputy Upper Tribunal Judge G A Black