PA/10913/2017

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The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/10913/2017

THE IMMIGRATION ACTS

Heard at North Shields
Decision & Reasons Promulgated
On 20 March 2018
On 01 May 2018



Before

DR H H STOREY
JUDGE OF THE UPPER TRIBUNAL

Between

a a a
(ANONYMITY DIRECTION made)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:

For the Appellant: Ms S Rogers, Legal representative, Immigration Advice Centre Ltd
For the Respondent: Mr M Diwnycz, Home Office Presenting Officer


DECISION AND DIRECTIONS


1. The appellant is a national of Sudan. He claimed asylum unsuccessfully in 2006 but made further submissions in December 2016. These were based on him being a deserter from the Sudanese Government's army. When the respondent rejected these submissions in October 2017, the appellant appealed. In a decision sent on 15 November 2017 First-tier Tribunal (FtT) Judge Shanahan dismissed his appeal. The judge did not consider the appeal on the substance because he considered that the appellant had failed to comply with rule 19 of the Tribunal Procedure (FtT) (IAC) Rules 2014 in not submitting any grounds. It is accepted by both parties that the judge was mistaken about this matter, since unbeknown to him it seems the reminder notice sent to the appellant gave him until 3 November 2017 to submit grounds and he did so by 31 October 2017.

2. For the above reasons there has been an error of process amounting to an error of law and one necessitating that I set aside the judge's decision.

3. To conclude:

The decision of the FtT judge is set aside for material error.

The case is remitted to the FtT.


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: 26 April 2018


Dr H H Storey
Judge of the Upper Tribunal