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

/

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/13029/2016

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision Promulgated
On 17 August 2017	On 18 August 2017

 

 

Before

 

UPPER TRIBUNAL JUDGE KOPIECZEK

 

 

Between

 

SARAH NALULE

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

 

Representation :

 

For the Appellant: Ms S. Pinder, Counsel

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

 

 

DECISION PURSUANT TO RULE 39 OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

 

1.              The appellant is a citizen of Uganda. She appealed to the First-tier Tribunal ("FtT) against a decision dated 17 November 2016 to refuse her asylum and human rights claim. First-tier Tribunal Judge M.A. Khan ("the FtJ") dismissed her appeal on all grounds after a hearing on 23 December 2016.

2.              Permission to appeal against the decision of the FtJ having been granted, her appeal came before me.

3.              By consent, the parties agreed the following:

(i) the grounds of appeal in relation to the FtJ's decision reveal material errors of law in the FtJ's decision in terms of the assessment of credibility; and

(ii) that the FtJ's decision should be set aside; and

(iii) that the appeal should be remitted to the First-tier Tribunal for a hearing de novo before a First-tier Tribunal Judge other than First-tier Tribunal Judge M.A. Khan.

4. Having heard the parties, and considering rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008, I make a consent order in the terms expressed in [3] above, considering it appropriate to do so, and thus remitting the appeal to the First-tier Tribunal for a hearing de novo before a First-tier Tribunal Judge other than First-tier Tribunal Judge M.A. Khan, with no findings of fact preserved.

5. The consent order is as contained herein, no separate document being required.

 

 

 

 

 

Upper Tribunal Judge Kopieczek 17/08/17