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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/08619/2017

 

 

THE IMMIGRATION ACTS

 

 

Heard at Birmingham CJC	Decision & Reasons Promulgated
On 8 November 2018	On 6 December 2018

 

Before

 

DR H H STOREY

JUDGE OF THE UPPER TRIBUNAL

 

 

Between

 

rekar [r]

(ANONYMITY DIRECTION not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr R Khan, Fountains Solicitors

For the Respondent: Mr C Bates, Home Office Presenting Officer

 

 

DECISION AND DIRECTIONS

 

1. In a decision sent on 20 November 2017 Judge Juss of the First-tier Tribunal (FtT) dismissed the appeal of the appellant, a national of Iran, against the decision made by the respondent on 23 August 2017 refusing his protection claim.

 

2. My decision on the appellant's grounds can be brief because both parties were in agreement with me that the judge materially erred in law. It is abundantly clear from the evidence before the judge (see e.g. answers to questions 29, 33, 80, 83, 85 and 93 of the first interview and answers to questions 26, 29 and 32 of the second interview) that the appellant's case had two limbs: a claim based on his political activities in Iran and his father's profile as a Peshmerga; and a sur place claim. Yet the judge's assessment is confined solely to the appellant's sur place claim. As such it represents a failure to take account of material particulars and a failure to make findings on material parts of the appellant's asylum claim. This constitutes a material error of law and causes me to set aside the judge's decision and remit it to be heard de novo by another FtT Judge.

 

3. To conclude:

 

The decision is set aside for material error of law.

 

The case is remitted to the FtT (not before Judge Juss).

 

No anonymity direction is made.

 

 

Signed Date: 1 December 2018

Dr H H Storey

Judge of the Upper Tribunal