PA/12545/2016

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/12545/2016


THE IMMIGRATION ACTS


Heard at Field House
Decision and Reasons Promulgated
On 8th June 2017
On 9th June 2017




Before

UPPER TRIBUNAL JUDGE COKER

Between


SELIM REZK ABDEL MOTTALEB ALI

Appellant
And

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Ms P Yong, instructed by Wimbeldon Solicitors
For the Respondent: Mr T Melvin, Senior Home Office Presenting Officer


DETERMINATION AND REASONS



1. First-tier Tribunal Judge Chana dismissed the appellant's appeal against the refusal by the respondent of his asylum and humanitarian appeal.

2. Permission to appeal that decision was granted by designated First-tier Tribunal Judge I Murray who identified evidence that was before Judge Chana which should have, but had not, been considered.

3. In her Rule 24 response the respondent stated she did not oppose the appeal given the failure of Judge Chana to refer to any of the medical reports and invited the Upper Tribunal to allow the appeal and remit the appeal against the respondent's decision to the First-tier Tribunal to be heard by an First-tier Tribunal judge other than judge Chana.

4. Having considered the decision of Judge Chana and the evidence that was before her and not considered by her I am satisfied there is a material error of law in her decision.

5. I set aside the decision and remit the hearing to the First-tier Tribunal for a fresh decision, no findings preserved.



Date 8th June 2017



Upper Tribunal Judge Coker