Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2023-002023
First-tier Tribunal No: PA/52856/2022
IA/07283/2022

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On the 06 June 2024

Before

UPPER TRIBUNAL JUDGE PERKINS

Between

H D
(ANONYMITY ORDER IN FORCE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Determined without a hearing pursuant to rule 34 of the
Tribunal Procedure (Upper Tribunal) Rules 2008
DECISION AND REASONS
1. This is an appeal against a decision of the First-tier Tribunal dismissing the appeal of the appellant, a male citizen of Iran, against the decision of the respondent refusing him international protection.
2. The main reason for giving permission to appeal is that it was thought arguable that the judge had made adverse credibility findings on points that the appellant could not reasonably have known to have been in dispute.
3. The respondent has indicated unequivocally in an e-mail that the appeal is not opposed and that the proper disposal is for the decision of the first tier tribunal to be set aside and the case heard again in the first tier tribunal.
4. For reasons that are not clear, attempts to agree a disposal by consent have foundered and, ironically, efforts to ensure a quick disposal have in fact caused delay.
5. In all the circumstances I am satisfied that the appeal can be dealt with justly without a hearing.
6. I have had regard to the papers before me and I find the first tier tribunal erred in law and I set aside the decision and I directed the case be heard again in the first tier tribunal.
Notice of Decision
7. The First-tier Tribunal erred in law. I set aide this decision and direct the case be heard again in the First-tier Tribunal.

Jonathan Perkins

Judge of the Upper Tribunal
Immigration and Asylum Chamber

31 May 2024