PA/12272/2019

• Status of case: Unreported
• Hearing date: 4 Jul 2022
• Promulgation date: 8 Aug 2022
• Publication date: 20 Dec 2023
• Last updated on: 20 Dec 2023

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/12272/2019

THE IMMIGRATION ACTS

Heard at Manchester CJC
Decision & Reasons Promulgated
On the 4 July 2022
On the 08 August 2022




Before

UPPER TRIBUNAL JUDGE LANE

Between

DKK Appellant

(ANONYMITY DIRECTION MADE)


and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT


Respondent


Representation:

For the Appellant: Mr Greer
For the Respondent: Mr Tan, Senior Presenting Officer

DECISION AND REASONS

1. The appellant appeals to the Upper Tribunal against a decision of the First-tier Tribunal promulgated on 18 February 2022, dismissing her appeal against a decision of the Secretary of State to refuse her international protection.
2. At the initial hearing at Manchester on 4 July 2022, Mr Tan, who appeared for the Secretary of State, told me that the respondent agrees that the First-tier Tribunal erred in law such that its decision falls to be set aside. He referred, in particular, to grounds 1 and 4 (the judge’s approach to documentary corroborative evidence and to the consideration of the appellant’s evidence generally which the grounds assert was unlawful and/or unfair).
3. In the circumstances, I set aside the First-tier Tribunal’s decision. None of the findings of fact shall stand. There will need to be a new fact-finding exercise which is better conducted by the First-tier Tribunal to which this appeal is now returned for it to remake the decision following a hearing de novo. Before listing the appeal for final hearing, the First-tier Tribunal may need to consider addressing the availability of an interpreter in the Otjiherero language.
Notice of Decision

The decision of the First-tier Tribunal is set aside. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo

Listing Directions: first available date at Manchester: not Judge McCall: 2 hours: Otjiherero interpreter (see paragraph [3] above): Please list by reference to Mr Greer’s availability (tel: 0161 832 4036):




Signed
Date 4 July 2022
Upper Tribunal Judge Lane




Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008,
the appellant is granted anonymity.

No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court.