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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> PA000722016 [2017] UKAITUR PA000722016 (22 May 2017) URL: http://www.bailii.org/uk/cases/UKAITUR/2017/PA000722016.html Cite as: [2017] UKAITUR PA000722016, [2017] UKAITUR PA722016 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/00072/2016
THE IMMIGRATION ACTS
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Heard at Glasgow |
Decision & Reasons Promulgated |
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on 19 May 2017 |
on 22 May 2017 |
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Before
UPPER TRIBUNAL JUDGE MACLEMAN
Between
ABDI AZAD SULIMAN
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
For the Appellant: Ms N Loughran, of Loughran & Co, Solicitors
For the Respondent: Mrs M O'Brien, Senior Home Office Presenting Officer
DETERMINATION AND REASONS
1. The appellant appeals against a determination by First-tier Tribunal Judge Blair, promulgated on 22 November 2016.
2. The judge found at ¶33 that the appellant "had established both a subjective and objective fear if returned to his home area". However, he went on to find at ¶37-38 that as the appellant is "undocumented at this time", his protection claim failed.
3. The appeal to the UT is on grounds of failing to apply the country guidance in AA, and failing to deal with submissions regarding internal relocation to Baghdad or to the IKR.
4. A rule 24 response to the grant of permission concedes error of law.
5. Current lack of documentation does not require appellants who do not otherwise qualify to be granted protection; but current lack of documentation does not bar anyone from protection, or shut off consideration of internal relocation.
6. The decision of the FtT is set aside. Its findings of fact, as to the appellant's well-founded fear in respect of his home area at the date of the hearing, stand.
7. The further factual analysis required to resolve the internal relocation and overall protection issue is apt for remittal to the FtT.
8. The member(s) of the FtT chosen to consider the case are not to include Judge Blair.
9. No anonymity direction has been requested or made.
10. Parties are to file and exchange, not less than 7 days before the hearing in the FtT, a note of their positions, referenced to case law and background evidence, on why the appellant, on the findings of fact so far made, does or does not qualify for any form of protection.
19 May 2017
Upper Tribunal Judge Macleman
