PA/05596/2016

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The decision




Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/05596/2016


THE IMMIGRATION ACTS


Heard at City Centre Tower Birmingham
Decision & Reasons Promulgated
On 8th August 2017
On 25th August 2017



Before

DEPUTY upper tribunal JUDGE RENTON


Between

MOHAMMED AHMED
(ANONYMITY DIRECTION not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr R Sharif of Fountain Solicitors
For the Respondent: Mrs M Aboni, Home Office Presenting Officer


DECISION AND REASONS
Introduction
1. The Appellant is a male citizen of Iraq born on 26th August 1991. He arrived in the UK on 30th November 2015 and applied for asylum the following day. That application was refused for the reasons given in the Respondent's letter of 27th May 2016. The Appellant appealed, and his appeal was heard by First-tier Tribunal Judge Lagunju (the Judge) sitting at Birmingham on 5th October 2016. She decided to dismiss the appeal on asylum and human rights grounds for the reasons given in her Decision dated 17th January 2017. The Appellant sought leave to appeal that decision and on 3rd May 2017 such permission was granted.
Error of Law
2. I must first decide if the decision of the Judge contained an error on a point of law so that it should be set aside.
3. Prior to the hearing the Respondent had submitted a Rule 24 response in which it was conceded that there was a material error of law in the decision of the Judge and inviting the Tribunal to remit the appeal to the First-tier Tribunal for the decision in the appeal to be remade there. At the hearing before me, I clarified with Mrs Aboni that a material error of law was conceded in respect of the first ground in the grounds of application being that when the Judge had considered the issue of internal relocation within the IKR part of Iraq, she had failed to take into account the guidance provided by AA (Article 15(c)) Iraq CG [2015] UKUT 00544 (IAC). As a consequence of that information, Mr Sharif confirmed that he did not wish to argue the second ground of the grounds of application which related to the Judge's Article 8 ECHR decision.
4. On the basis of these comments I find a material error of law in respect of the Judge's asylum decision and that decision is set aside. I need not give my reasons for that decision in accordance with Rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008. I decided that that decision in the appeal should be remade by the First-tier Tribunal in accordance with paragraph 7.2(b) of the Practice Statements.

Notice of Decision

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 that decision.

The decision in the appeal will be remade by the First-tier Tribunal.

Anonymity

The First-tier Tribunal did not make an order for anonymity. I was not asked to do so and indeed find no reason to do so.



Signed Date 25th August 2017


Deputy Upper Tribunal Judge Renton