PA/09754/2018

• Status of case: Unreported
• Hearing date: 18 Mar 2019
• Promulgation date: 19 Mar 2019
• Publication date: 3 Jun 2019
• Last updated on: 3 Jun 2019

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number PA/09754/2018

THE IMMIGRATION ACTS

Heard at Field House Decision and Reasons Promulgated
On 18th March 2019 On 19th March 2019



Before

DEPUTY UPPER TRIBUNAL JUDGE PARKES

Between

ZAHRAA MANSOUR
(ANONYMITY DIRECTION NOT MADE)
Appellant
And

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation

For the Appellant: Mr S Saeed (Solicitor, Aman Solicitors Advocates (London) Ltd)
For the Respondent: Ms Everett (Home Office Presenting Officer)

DETERMINATION AND REASONS

1. The Appellant's appeal against the Secretary of State's refusal of her asylum application was heard by First-tier Tribunal Judge Herbert OBE at Taylor House on the 6th of September 2018 and dismissed for the reasons given in the decision promulgated on the 7th of December 2018. In the decision the Judge made a number of adverse credibility findings in paragraphs 56 to 64.

2. The grounds object to the Appellant's adverse credibility findings on the basis that as the Appellant's counsel was about to start making submissions the Judge indicated that there was no need to make submissions on credibility. This is supported by counsel's note of the proceedings. Permission was granted on that basis.

3. At the hearing before the Upper Tribunal the Home Office took a neutral stance on the issue and indicated that the notes taken at the hearing did not shed light on the matter. Having had access to the Tribunal file and the Judge's Record of Proceedings I note that although there is no record of such an indication being made the Judge's notes of the submissions made on behalf of the Appellant do not contain any references to credibility or submissions that could relate to that matter.

4. I indicated that that appeared to support the contention that the indication had been given and that was a position that the Home Office did not dispute. In the circumstances I am satisfied that the Judge had indicated that credibility was not a matter that the Appellant needed to address but went on to make adverse credibility findings. In denying the Appellant's representative to make appropriate submissions that was procedurally unfair and material to the fairness of the appeal such that the decision cannot stand.

5. In the circumstances it is appropriate to set the decision aside and to remit it to the First-tier Tribunal for re-hearing with no findings preserved and not to be heard by First-tier Tribunal Judge Herbert OBE.

CONCLUSIONS

The making of the decision of the First-tier Tribunal involved the making of an error on a point of law.

I set aside the decision.

This appeal is remitted to the First-tier Tribunal at Taylor House to be heard de novo with no findings preserved. Not to be heard by First-tier Tribunal Judge Herbert OBE.

Anonymity

The First-tier Tribunal did not make an order pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 and I make no order.

Fee Award

In setting the decision aside and remitting to the First-tier Tribunal the issue of a fee award remains to be decided by the First-tier Tribunal at the conclusion of the remitted hearing.

Signed:

Deputy Judge of the Upper Tribunal (IAC)

Dated: 18th March 2019