PA/10841/2017

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/10841/2017


THE IMMIGRATION ACTS


Determined at Field House
Decision & Reasons Promulgated
On 6th April 2018
On 2nd May 2018



Before

DEPUTY UPPER TRIBUNAL JUDGE SAINI


Between

ASA
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellants: Miss E Stewart-King of Counsel, instructed by Tower Hamlets Law Centre
For the Respondent: Mr N Bramble, Senior Home Office Presenting Officer


DECISION BY CONSENT AND DIRECTIONS
1. Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:
Upon the parties' agreement that the decision of the First-tier Tribunal promulgated on 20 December 2017 discloses a material error of law, it is hereby ordered by consent as follows:
(1) The First-tier Tribunal Judge made errors of law in relation to the first, second and third grounds as pleaded by the Appellant's Counsel in relation to namely:
(i) the findings concerning the Appellant's credibility; and
(ii) the failure to make adequate findings in respect of the core of the Appellant's claim; and
(iii) the failure to properly assess or give adequate reasons in respect of the Appellant's corroborative evidence.
(2) The decision is set aside in its entirety with no findings preserved.
(3) The matter is to be remitted to be heard by a Judge of the First-tier Tribunal other than Judge Samimi.
2. The Appellant's appeal to the Upper Tribunal is therefore allowed.
3. The decision of the First-tier Tribunal is set aside for legal error by consent.
Anonymity
Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008

Unless and until a Tribunal or court directs otherwise, the Appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of his family. This direction applies both to the Appellant and to the Respondent. Failure to comply with this direction could lead to contempt of court proceedings.


Signed Date 2 May 2018

Deputy Upper Tribunal Judge Saini