PA/10576/2016 & PA/10599/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/10576/2016
PA/10599/2016


THE IMMIGRATION ACTS


Heard at Glasgow
Decision and Reasons Promulgated
On 9 March 2018
On 10 April 2018



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

KIFLOM [Y] & ESTFANOS [G]
(Anonymity direction not made)
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr S Winter, Advocate, instructed by DGF, Solicitors
For the Respondent: Mr M Matthews, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The appellants are husband and wife, nationals of Eritrea. They appealed to the FtT against decisions of the respondent dated 19 September 2016.
2. FtT Judge P A Grant-Hutchison dismissed both appeals by a determination promulgated on 17 June 2017.
3. The FtT refused the appellants' application for permission to appeal to the FtT.
4. The appellants sought permission from the UT, on different grounds, attached to their application dated 26 October 2017.
5. The grounds, read shortly, are that the appellants were found to have left Eritrea illegally while the first was subject to national service and the second was of draft age, and country guidance was that they were therefore entitled to protection.
6. Mr Matthews correctly conceded that the grounds were well taken and that the effect of the judge's findings in fact was that the outcome should be reversed.
7. The decision of the First-tier Tribunal is set aside, and the following decision is substituted: the appeals, as brought to the FtT, are allowed.
8. No anonymity direction has been requested or made.





9 March 2018
Upper Tribunal Judge Macleman