UI-2021-001965

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2021-001965
First Tier Number: PA/52009/2020



THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 6th of February 2024

Before

UPPER TRIBUNAL JUDGE LANE

Between

RHK
(NO ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department
Respondent

Representation:

For the Appellant: Mr Hussain
For the Respondent: Mr Lindsay, Senior Presenting Officer

Heard at Phoenix House (Bradford) on 2 February 2024

DECISION AND REASONS

1. The appellant, a citizen of Iraq, was born on 19 November 1993. He appealed to the First-tier Tribunal against a decision of the Secretary of State dated 15 October 2020 refusing him international protection. He appealed to the First-tier Tribunal, which in a decision dated 27 September 2021, dismissed the appeal. The appellant now appeals, with permission, to the Upper Tribunal.

2. At the initial hearing at Bradford, Mr Lindsay, Senior Presenting Officer, told me that the Secretary of State does not oppose this appeal. He accepts that the judge erred in law, in particular in his fact-finding at [29] by failing to apply the principles of HK V Secretary of State for the Home Department [2006] EWCA Civ 1037. I agree. 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.


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.


C. N. Lane

Judge of the Upper Tribunal
Immigration and Asylum Chamber

Dated: 2 February 2024