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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/00192/2015

 

 

THE IMMIGRATION ACTS

Heard at Bradford	Decision and Reasons Promulgated
On 24 November 2015	On 27 November 2015

 

Before

 

UPPER TRIBUNAL JUDGE D E TAYLOR

 

 

Between

 

A O

Appellant

And

 

SECRETARY OF STATE

Respondent

 

 

Representation :

For the Appellant: Ms Khan; Counsel, instructed by Switalskis, sols

For the Respondent: Mr McViety; HOPO.

 

 

DETERMINATION AND REASONS

1.              This is the appellant's appeal against the decision of Judge Mozolowski made following a hearing on 7 April 2015 at Bradford.

2.              Mr McViety did not oppose the remittal of this determination to a differently constituted First-tier Tribunal.

3.              The core issue before the judge was the nationality of the appellant. The respondent believes that he is Ethiopian, and the appellant asserts that he is Eritrean. He has also spent many years in the Sudan.

4.              Unfortunately the judge did not resolve that issue. She said in terms at paragraph 54 of the determination that she could not come to any conclusion about the appellant's nationality.

5.              Accordingly the judge erred in law by failing to come to a decision on a material matter. The decision will have to be remade with all issues at large.

6.              The case should be listed in the FTT at Bradford before a judge other than Judge Mozolowski on the next available date with a Tigrinya interpreter.

 

 

Signed Date

 

Judge of the Upper Tribunal