PA/07582/2017

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/07582/2017


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
on 26th March 2018;
typed, corrected, signed and sent to Promulgations on 5th April, 2018
On 8th May 2018


Before

Upper Tribunal Judge Chalkley


Between

Azem [B]
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms V Easty, instructed by Sriharans Solicitors
For the Respondent: Ms Alex Everett, Senior Home Office Presenting Officer


REASONS FOR FINDING AN ERROR OF LAW

1. The appellant is a citizen of Pakistan who was born on [ ] 1980 and who applied for asylum, having spent some time in the United Kingdom as a student. His application for recognition as a refugee was refused by the respondent on 26th July 2017 and he appealed to the First-tier Tribunal.

2. His appeal was heard at Hatton Cross by First-tier Tribunal Judge Chana on 7th September 2016. She found the appellant not to be credible and dismissed his asylum claim, his humanitarian protection claim and his appeal based on his human rights.

3. Before me today it has been accepted by both representatives appearing before me that the determination of Judge Chana contains material errors of law, not least of which is her failure to make properly reasoned findings. I set aside her determination. The appeal will be heard afresh by a judge other than First-tier Tribunal Judge Chana. None of the findings made by the judge survive.


Richard Chalkley

Upper Tribunal Judge Chalkley