PA/04267/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/04267/2016


THE IMMIGRATION ACTS


Heard at Glasgow
Decision & Reasons Promulgated
On 3 April 2017
On 4 April 2017



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

MUHAMMAD TRAWALLY
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


For the Appellant: Mr A Devlin, Advocate, instructed by Katani & Co, Solicitors
For the Respondent: Mr M Matthews, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The appellant appeals against a determination by First-tier Tribunal Judge Heatherington, promulgated on 25 November 2016.
2. The respondent conceded that the grounds and the record of proceedings, read together, disclosed a procedural irregularity which gave at least the appearance of unfairness or breach of natural justice, such that the decision could not stand.
3. The appellant elected not to call two witnesses who were in attendance, having been given the impression that the matters to which they were to speak had been accepted as established, yet the judge went on to reach an adverse credibility conclusion on all matters.
4. The decision of the FtT is therefore set aside. None of its findings are to stand, other than as a record of what was said at the hearing.
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 an entirely fresh hearing.
6. The member(s) of the FtT chosen to consider the case are not to include Judge Heatherington.
7. No anonymity direction has been requested or made.




3 April 2017
Upper Tribunal Judge Macleman