PA/14229/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/14229/2016

THE IMMIGRATION ACTS

Heard at Glasgow
Determination issued
on 24 January 2017
on 26 July 2017


Before

UPPER TRIBUNAL JUDGE MACLEMAN

Between

[M T]
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

For the Appellant: Mr G P McGowan, of Quinn Martin & Langan, Solicitors
For the Respondent: Mr M Matthews, Senior Home Office Presenting Officer

DETERMINATION AND REASONS
1. The appellant appeals against a decision by First-tier Tribunal Judge S Gillespie, promulgated on 20 February 2017, dismissing his appeal against refusal of asylum.
2. The grounds include failure to make a finding on whether the appellant is a genuine Christian convert.
3. Mr Matthews conceded that the judge made no finding on the issue, and that the omission was an error of law.
4. The decision of the FtT is set aside. None of its findings are to stand, other than as a record of what was said at the hearing.
5. The nature of the case is such that it is appropriate in terms of section 12(2)(b)(i) of the 2007 Act and of Practice Statement 7.2 to remit the case to the FtT for an entirely fresh hearing.
6. The member(s) of the FtT chosen to consider the case are not to include Judge S Gillespie.
7. No anonymity direction has been requested or made.




25 July 2017
Upper Tribunal Judge Macleman