UI-2024-003345

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2024-003345
First tier number: PA/52959/2023



THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 14th of November 2024

Before

UPPER TRIBUNAL JUDGE LANE


Between

HEH

(ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department Respondent

Representation:

For the Appellant: Mr Muman
For the Respondent: Mrs Arif, Senior Presenting Officer

Heard at Birmingham Civil Justice Centre on 11 November 2024

DECISION AND REASONS

1. The appellant, a citizen of Iran, appealed to the First-tier Tribunal against a decision of the Secretary of State refusing his claim for international protection. The First-tier Tribunal, in a decision promulgated on 6 June 2024, dismissed the appeal. The appellant now appeals to the Upper Tribunal.
2. At the initial hearing at Birmingham on 11 November 2024, Mrs Arif, Senior Presenting Officer for the Secretary of State, told me that the appeals was no longer opposed. The Secretary of State accepts that the judge erred in law by his failure to consider the appellant’s expert evidence or to acknowledge that the appellant was a child at the time of the past events in Iran which form the basis of his claim.
3. I agree that the First-tier Tribunal fell into error for the reasons outlined by Mrs Arif. Accordingly, I set aside the decision of the First-tier Tribunal. None of the findings of fact shall stand. as there will need to be extensive fact-finding, I shall return the appeal to the First-tier Tribunal for it to remake the decision after 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 decision shall be remade by the First-tier Tribunal to which this appeal is returned for a hearing de novo.


C. N. Lane

Judge of the Upper Tribunal
Immigration and Asylum Chamber


Dated: 11 November 2024