PA/03274/2018

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/03274/2018


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 4 October 2019
On 20 November 2019



Before

UPPER TRIBUNAL JUDGE GLEESON

Between

E D (Albania)
(anonymity order made)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Mr James Collins, Counsel instructed by Marsh and Partners,
Solicitors
For the Respondent: Ms Alexandra Everett, a Senior Home Office Presenting Officer

DECISION AND REASONS
Anonymity
The First-tier Tribunal made an anonymity order. Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, I continue that order. Unless the Upper Tribunal or a court directs otherwise, no report of these proceedings or any form of publication thereof shall identify the original appellant, whether directly or indirectly. This order applies, amongst others, to all parties.
Any failure to comply with this order could give rise to contempt of court proceedings.

1. The appellant appeals with permission against the decision of the First-tier Tribunal dismissing her challenge to the respondent's decision to refuse her asylum under the Refugee Convention, humanitarian protection, or leave to remain on human rights grounds.
2. Permission to appeal was granted on the basis that the First-tier Judge took a new negative point against the appellant regarding the route the appellant took from Sweden to Albania, without giving her an opportunity to deal with it which was arguably a procedural error depriving the appellant of a fair hearing.
3. That ground is made out and is more than sufficient to indicate that the appellant did not have a fair hearing, and to taint the findings of fact and credibility overall.
4. I am satisfied that there is no alternative but to set aside the decision and re-make it.
5. This appeal is allowed. The decision will be re-made in the First-tier Tribunal with no findings of fact or credibility preserved.
Conclusions
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
I set aside the decision.
The decision in this appeal will be remade in the First-tier Tribunal on a date to be fixed.

Signed Judith AJC Gleeson Date: 15 November 2019
Upper Tribunal Judge Gleeson