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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: hu/11117/2015

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 8 th December 2017	On 13 th February 2018

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE DAVIDGE

 

 

Between

 

Athmane En Nassiri

(anonymity direction Not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr T Caisford, Counsel, Wilson Solicitors LLP

For the Respondent: Mr T Wilding, Home Office Presenting Officer

 

 

DECISION AND REASONS

EXTEMPORE JUDGMENT

1.              The Appellant is a Moroccan citizen who appeals a decision of Judge Walters dismissing her appeal against a refusal of leave to remain on Family and Private life grounds. The Judge made significant adverse credibility findings. I can deal with this matter summarily because Mr Wilding has properly conceded before me that the evidence supporting the application for permission to appeal establishes an incontrovertible error of fact underlying Judge Walter's decision dismissing the Appellant's appeal. In short, the judge found that the Appellant had lied to him about the reason as to why his witnesses were not called to support their written statements. The Appellant had said it was because he had not been told that it was possible to ask the witnesses to come to court. The judge found that that was an unreasonable and inexplicable explanation.

2.              In the event evidence from the solicitors instructed has revealed that the position was entirely as described by him. The solicitors had not told him that the witnesses could or should be called. The solicitors had taken the view that the case was strong enough without the witness evidence and so had not discussed the position with him. The judge's conclusion as to the credibility of the Appellant was significantly affected by that adverse credibility finding to the point that once that error is corrected it is agreed that the whole decision is unsafe.

3.              By consent I have set the decision aside and the appeal is remitted to the First-tier Tribunal to reach a new decision.

Notice of Decision

 

The decision of the First -tier Tribunal reveals a material error of law and I set it aside.

The matter is remitted to be heard de-novo by a judge other than Judge Walters.

 

No anonymity direction is made.

 

 

Signed Date

 

 

Deputy Upper Tribunal Judge Davidge