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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/07185/2017

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision and Reasons Promulgated
On 9 January 2018	On 31 January 2018

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE MURRAY

 

 

Between

 

MOHAMMED [H]

(anonymity direction not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr Mathias Ume-Ezeoke, Counsel for Pillai & Jones Solicitors, Stratford, London

For the Respondent: Mr P Duffy, Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1.              The appellant is a citizen of Bangladesh born on [ ] 1980. He appealed against the decision of the respondent dated 24 July 2017 refusing him asylum, humanitarian protection and on human rights grounds.

 

2.              The appeal was heard by Judge of the First-Tier Tribunal Davidson on 29 August 2017. The appeal was dismissed in a decision promulgated on 7 September 2017.

 

3.              An application for permission to appeal was lodged and permission was granted by Judge of the First-Tier Tribunal Pickup on 9 November 2017. The permission states that the grounds assert that the Judge erred in failing to give any adequate reasons for findings. It states that it is arguable that for example a simple statement that the Tribunal does not find the appellant to be a credible witness is inadequate and devoid of any reasoning for reaching that conclusion.

 

4.              There is a Rule 24 response on file which states that the respondent does not oppose the appellant's application for permission to appeal for the reasons given in the permission and the respondent invites the Tribunal to remit the appeal to the First-Tier Tribunal.

 

The Hearing

5.              Mr Duffy for the Secretary of State confirmed the terms of the Rule 24 response and Counsel for the appellant had no objections to this.

 

Notice of Decision

6.              There are material errors of law in the Judge's decision promulgated on 7 September 2017 as per the grounds.

 

7.              I set aside the decision of the First-Tier Tribunal promulgated on 7 September 2017 and I direct that this appeal be remitted to the First-Tier Tribunal for rehearing but not before First-Tier Tribunal Judge Davidson.

 

8.              Anonymity has not been directed.

 

 

 

 

 

Signed Date 30 January 2018

 

Deputy Upper Tribunal Judge Murray