Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/03843/2015

THE IMMIGRATION ACTS

Heard at Glasgow
Determination issued
on 24 February 2017
on 01 March 2017

Before

UPPER TRIBUNAL JUDGE MACLEMAN

Between

J
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

For the Appellant: Mr C Jones, Advocate, instructed by Katani & Co, Solicitors
For the Respondent: Mrs M O’Brien, Senior Home Office Presenting Officer

DETERMINATION AND REASONS
1. The appellant appeals against a determination by First-tier Tribunal Judge Kempton, promulgated on 2 November 2016, dismissing her appeal against refusal of protection.
2. The respondent conceded that the decision lacks clear findings on the facts, to the extent that its outcome could not be justified.
3. The absence of necessary findings may result in large part from the appellant’s lack of clarity about her circumstances, in particular the reality and extent of any difference between her and her husband (whose leave was due to run out between the dates of the hearing in the FtT and the hearing in the UT) about their plans for their future and the future of their children.
4. Rather than saying that matters were not clear (paragraph 58, in particular) it might have been useful for the judge to consider whether the appellant had established to the lower standard of proof facts from which a claim to protection might follow. If her claim is based on her husband abandoning her and their children to their fate in Iraq, a view has to be reached on the likelihood of that.
5. The nature of the case is such that it is appropriate in terms of section 12(2)(b)(i) of the 2007 Act and of Practice Statement 7.2 to remit the case to the FtT for fresh hearing.
6. The member(s) of the FtT chosen to consider the case are not to include Judge Kempton.
7. An anonymity direction was made in the FtT. The matter was not addressed in the UT. Anonymity is preserved herein.

27 February 2017
Upper Tribunal Judge Macleman