Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: UI-2021-000800
PA/03307/2020

THE IMMIGRATION ACTS

Heard at Field House
On the 03 March 2022
Decision & Reasons Promulgated
On the 10 May 2022

Before

UPPER TRIBUNAL JUDGE CANAVAN
DEPUTY UPPER TRIBUNAL JUDGE O’RYAN

Between

M H
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Anonymity
Rule 14: The Tribunal Procedure (Upper Tribunal) Rules 2008
Anonymity was granted at an earlier stage of the proceedings because the case involves protection issues. We find that it is appropriate to continue the order. Unless and until a tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of his family. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.

Representation:
For the appellant: Ms M. Amin, instructed by Shoaib Fatimi Solicitors
For the respondent: Mr E. Tufan, Senior Home Office Presenting Officer

DECISION AND REASONS
1. The appellant appealed the respondent’s decision dated 21 March 2019 to refuse a protection and human rights claim.
2. First-tier Tribunal Judge Khosla (‘the judge’) dismissed the appeal on protection and human rights grounds in a decision promulgated on 02 August 2021.
3. The appellant applied for permission to appeal to the Upper Tribunal on the following grounds:
(i) the judge failed to give adequate consideration to his mother’s witness statement;
(ii) approached other evidence in an erroneous way;
(iii) failed to consider the up to date situation in Afghanistan;
(iv) failed to make findings relating to scarring; and
(v) failed to make adequate findings relating to Article 8.
4. At the hearing, Mr Tufan accepted that the decision involved the making of an error of law in relation to the first two grounds. He went on to invite the Upper Tribunal to remake the decision and to allow the appeal on Refugee Convention grounds in light of the current situation in Afghanistan.
5. Rule 40 of The Tribunal Procedure (Upper Tribunal) Rules 2008 allows the Upper Tribunal to give a decision orally at a hearing. Rule 40(3) states that the Upper Tribunal must provide written reasons with a decision notice to each party as soon as reasonably practicable after making a decision which finally disposes of all issues in the proceedings. Rule 40(3) provides exceptions to the rule if the decision is made with the consent of the parties or the parties have consented to the Upper Tribunal not giving written reasons. In this case both parties consented to the decision being made orally at the hearing so it is not necessary to give detailed reasons.
6. The First-tier Tribunal decision involved the making of an error of law and is set aside. In light of the respondent’s concession, we find that the removal of the appellant would breach the United Kingdom’s obligations under the Refugee Convention.
DECISION
The First-tier Tribunal decision involved the making of an error on a point of law
The appeal is ALLOWED on Refugee Convention grounds

Signed M. Canavan Date 03 May 2022
Upper Tribunal Judge Canavan
________________________________________________________________________________
NOTIFICATION OF APPEAL RIGHTS
1. A person seeking permission to appeal against this decision must make a written application to the Upper Tribunal. Any such application must be received by the Upper Tribunal within the appropriate period after this decision was sent to the person making the application. The appropriate period varies, as follows, according to the location of the individual and the way in which the Upper Tribunal’s decision was sent.
2. Where the person who appealed to the First-tier Tribunal is in the United Kingdom at the time that the application for permission to appeal is made, and is not in detention under the Immigration Acts, the appropriate period is 12 working days (10 working days, if the notice of decision is sent electronically).
3. Where the person making the application is in detention under the Immigration Acts, the appropriate period is 7 working days (5 working days, if the notice of decision is sent electronically).
4. Where the person who appealed to the First-tier Tribunal is outside the United Kingdom at the time that the application for permission to appeal is made, the appropriate period is 38 days (10 working days, if the notice of decision is sent electronically).
5. A “working day” means any day except a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday.
6. The date when the decision is “sent’ is that appearing on the covering letter or covering email