PA/11073/2018

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/11073/2018


THE IMMIGRATION ACTS


Heard at Cardiff Civil Justice Centre
Decision & Reasons Promulgated
On 1 February 2019
On 1 March 2019



Before

UPPER TRIBUNAL JUDGE ALLEN


Between

B I
(anonymity direction made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms S Alban of Fountain Solicitors
For the Respondent: Mr C Howells, Home Office Presenting Officer


DECISION AND REASONS
1. I do not need to go into detail in this case. It is common ground between the representatives, and indeed my view also, that the judge erred as a matter of law in failing to consider risk on return to Afghanistan to the appellant on the basis of returning as a minor as he was at the time of the hearing. This clearly fed through also into the judge's evaluation of the appellant's credibility since again the fact that he was a minor at the time when the events in question were said to have occurred was not taken into account by the judge. As a consequence, the appeal will have to be reheard in full before a judge at Newport other than Judge Page. To that extent the appeal is allowed.
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 their 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 27 February 2019

Upper Tribunal Judge Allen