PA/07089/2016

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The decision





Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/07089/2016

THE IMMIGRATION ACTS

Heard at Glasgow
Determination issued
on 24 February 2017

On 28 February 2017


Before

UPPER TRIBUNAL JUDGE MACLEMAN

Between

K H M
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

For the Appellant: Ms R Kieran, of Gray & 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 Gaskell, promulgated on 19 December 2016, dismissing his appeal against refusal of protection.
2. The grounds of appeal to the UT are that the judge erred in finding that the appellant could relocate to either the IKR or Baghdad, and that the reasoning thereon is inadequate by reference to the country guidance in AA.
3. On 13 January 2017 a judge of the FtT granted permission, on the view that arguably paragraphs 25 and 26 did not contain “sufficiently specific reasons for the findings made pursuant to AA, which were material”.
4. In a reply under rule 24 to the grant of permission the respondent conceded that the judge “was in error by failing to make findings in respect of the appellant’s ability to obtain a CSID card” (although there may have been a prior issue, whether he advanced a case of not having one, and what was made of that).
5. Representatives agreed at the hearing on further procedure as follows.
6. The decision of the FtT is set aside. None of its findings are to stand, other than as a record of what was said on that occasion. 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.
7. The member(s) of the FtT chosen to consider the case are not to include Judge Gaskell.
8. The FtT made an anonymity direction. The matter was not addressed in the UT, so this decision has been anonymised.



27 February 2017
Upper Tribunal Judge Macleman