PA/03606/2018

  • 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 Number PA/03606/2018

THE IMMIGRATION ACTS

Heard at Glasgow
Decision & Reasons Promulgated
On 5 December 2019
On 9 December 2019



Before

UT JUDGE MACLEMAN

Between

LY THI DANG
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Mr A J Bradley, of A J Bradley & Co, Solicitors
For the Respondent: Mr M Clark, Senior Home Office Presenting Officer

DETERMINATION AND REASONS

1. The appellant is a citizen of Vietnam, born on 15 June 1985. Designated FtT Judge Murray dismissed her appeal by a decision promulgated on 23 July 2019. She applied to the UT on 13 September 2019 for permission to appeal on grounds set out at [1 - 11] of her application. UT Judge Kebede granted permission on 3 October 2019.
2. The respondent conceded that there was merit in the grounds; in particular, on the point focused in the grant of permission, of relying unduly on a negative trafficking decision, rather than assessing all the evidence in the round. The outcome was agreed.
3. The decision of the FtT is set aside. It stands only as a record of what was said at the hearing.
4. 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.
5. The member(s) of the FtT chosen to consider the case are not to include Judge Murray.
6. (It is for parties to consider whether the trafficking decision should be placed before the FtT, and what significance it should carry.)
7. No anonymity direction has been requested or made.



5 December 2019
UT Judge Macleman