PA/08826/2016

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The decision


IAC-AH-VP-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/08826/2016


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 17 January 2017
On 30 January 2017



Before

DEPUTY UPPER TRIBUNAL JUDGE G A BLACK


Between

Mohammad [A]
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr M Haque, Solicitor from SEB Solicitors
For the Respondent: Mr C Avery (Home Office Presenting Officer)


DECISION AND REASONS
1. The appellant has appealed against a Decision and Reasons by First-tier Tribunal (Judge Fox) (FtT) who in a determination promulgated on 15 November 2016 dismissed the appellant's appeal against a refusal to grant asylum made by the respondent.
2. The appellant is a citizen of Bangladesh and he claimed asylum on political grounds. His claim is summarised in paragraphs 4 and 5 of the FtT Decision and Reasons.
Grounds for Permission
3. In grounds of application for permission it was argued that the majority of the Decision and Reasons bore no resemblance to the details of the appellant's claim nor to the evidence given at the hearing before the First-tier Tribunal and is thus in the absence of any other explanation, there was a procedural error which amounted to unfairness to the appellant. The appellant cannot therefore be sure that the First-tier Tribunal gave his appeal proper and adequate scrutiny.
Permission to Appeal
4. Permission was granted by First-tier Tribunal Judge Chohan, who found an arguable material error of law.
The Error of Law Hearing
5. This matter was listed before me for consideration as to whether or not there was a material error of law. The appeal was not opposed by the Secretary of State who confirmed that position in the Rule 24 response.
6. I had no further detailed submissions from either representative. It was common ground that the Decision and Reasons contained material errors of law as set out in the grounds.
Decision
7. I am satisfied that there was a material error of law in the determination which I shall set aside. The FtT failed to show that the appeal was given anxious and proper scrutiny because the main body of the decision and reasons did not refer to the appellant. No findings are preserved. The appeal is to be reheard in the First-tier Tribunal at Taylor House on a date and time to be arranged (excluding First-tier Tribunal Judge Fox).
No anonymity direction is made.


Signed Date 27.1.2017

Deputy Upper Tribunal Judge G A Black

TO THE RESPONDENT
FEE AWARD
As I have allowed the appeal and because a fee has been paid or is payable, I have considered making a fee award and have decided to make no fee award.


Signed Date 27.1.2017

Deputy Upper Tribunal Judge G A Black