United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: A A/11338/2014

 

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 16 May 2016	On 19 May 2016

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE MAHMOOD

 

Between

 

M M

(Anonymity Direction Made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

 

Respondent

 

 

Representation :

 

For the Appellant: Mr Paramjorthy of Counsel instructed by KQ Solicitors

For the Respondent: Mr S Whitwell, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1. This matter comes before me pursuant to permission having been granted by First-tier Tribunal Judge Parkes dated 19 April 2016. The appeal relates to a decision by First-tier Tribunal Judge Majid promulgated on 11 March 2016. The Judge had dismissed the Appellant's appeal in respect of the Appellant's claim for asylum.

 

2. Following the grant of permission to appeal, the Respondent served a Rule 24 Reply dated 28 April 2016 in which it was said that the Respondent did not oppose the Appellant's application. It was said that the Judge's decision was deficient in a number of respects.

 

3. Having considered the decision and the position of the parties, it is quite clear that both parties agree that the decision of the Judge has to be set aside. They are right to do so.

 

4. Both parties also agree that the matter ought to be reheard at the First-tier Tribunal. As there has to be a rehearing then that is the appropriate course.

Notice of Decision

 

The decision of the First tier Tribunal Judge involved the making of a material error of law and is set aside. None of the findings stand.

 

The Appellant's appeal shall be reheard at the First Tier Tribunal.

 

An anonymity direction is continued because the Appellant has claimed asylum.

 

 

 

 

 

Signed Date: 16 May 2016

 

 

Deputy Upper Tribunal Judge Mahmood