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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/01248/2012

 

 

THE IMMIGRATION ACTS

 

 

At Field House on the papers	Decision & Reasons Promulgated On 17 th July 2018

 

Before

 

UPPER TRIBUNAL JUDGE HANSON

 

 

Between

 

ISA

(anonymity direction made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

DECISION AND REASONS

 

1.                   In an order sent to the parties on 19 June 2018 the Upper Tribunal directed:

 

1. In light of the appellant's failure to attend this Case Management Review Hearing, and in light of the country guidance cases of TG (and others) [2015] UKUT 595 and AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118, the appellant shall confirm no later than 4.00pm 6 July 2018 whether he intends to pursue his protection claim based upon his alleged fear of suffering a real risk of harm on return to Kabul.

 

2. If the appellant fails to confirm his position by the above stated date and time the Upper Tribunal shall take this as an indication the appellant has abandoned such claim and proceed to dismiss the protection appeal on the basis of the country guidance caselaw, accordingly.

 

3. If the applicant confirms he wishes to proceed with his protection claim the appeal shall be listed for a substantive hearing before Upper Tribunal Judge Hanson sitting at Field House on the next available date, time estimate three hours.

 

4. The event the matters is listed for a substantive hearing, a Pushtu interpreter shall be provided by the Upper Tribunal.

 

2.                   There has been no response from the appellant within the permitted timescale, or at all, in response to these directions confirming that he intends to pursue his protection claim based upon his alleged fear of suffering a real risk of harm on return to Kabul.

 

3.                   In accordance with [2] of the directions the Upper Tribunal takes the failure to respond as an indication the appellant has abandoned such claim and accordingly dismisses the protection claim on all grounds on the basis of the country guidance caselaw referred to above.

 

Decision

 

4.                   I remake the decision as follows. This appeal is dismissed.

 

Anonymity.

 

5.                   The order for the appellants anonymity made pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 shall continue.

 

 

Signed.......................................................

Upper Tribunal Judge Hanson

Dated the 13 July 2018