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	United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> AA011272013 [2013] UKAITUR AA011272013 (27 June 2013) URL: http://www.bailii.org/uk/cases/UKAITUR/2013/AA011272013.html Cite as: [2013] UKAITUR AA11272013, [2013] UKAITUR AA011272013

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Upper Tribunal

(Immigration and Asylum Chamber)                                   Appeal Number: AA/01127/2013

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Date sent
On 26 June   2013	On 27 June 2013
Prepared 26 June   2013

Before

 

UPPER TRIBUNAL JUDGE MCGEACHY

Between

 

Ejaz Hussain

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation:

 

For the Appellant:          Mr D.Lemer, of Counsel instructed by Rashid and Rashid    Solicitors

For the Respondent:      Ms E Martin, Senior Home Office Presenting Officer

 

 

DETERMINATION AND DIRECTIONS

 

1.      The appellant, a citizen of Pakistan, born on 8 September   1969 appeals with permission against a decision of Judge of the First-tier tribunal Onoufriou who in a determination dated 17 April  dismissed his appeal  against the refusal of asylum.

2.      The respondent accepted, in a letter of 21 May 2013, that there were material errors of law in the determination.

3.      the respondent was correct to do so. It is clear that the Judge had ignore documentary evidence from Pakistan supporting his assertion that he was an Ahmadi.

4.      Both representatives considered that this would be an appropriate case to be remitted to the first -tier.  I agree that the errors in the determination are such that it is appropriate that none of the findings of the Judge should be preserved and that the  appeal be heard afresh.

         5. I am satisfied that this is an appeal  in which the requirements of the  Senior President’s Practice Statement  paragraph 7.2(a)  are met.   

         6.  I therefore allow the appeal before the Upper Tribunal to the limited extent that it is remitted to the First -tier Tribunal to be heard  afresh.

 

 

 

 

 

 

Signed                                                                         Date: 26 June 2013  

 

 

Upper Tribunal Judge McGeachy