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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/08699/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Manchester Civil Justice Centre	Decision & Reasons Promulgated
on 13 th December 2018 and given Ex tempore	on 9 th January 2019

 

Before

 

Upper Tribunal Judge Chalkley

 

 

Between

 

Bilen [A]

(ANONYMITY DIRECTION not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr D Sills of Counsel, instructed by J D Spicer Zeb Solicitors

For the Respondent: Mr A McVeety, a Home Office Presenting Officer

 

 

DECISION AND REASONS

1. The appellant claims to be a citizen of Eritrea whereas the respondent believes her to be an Ethiopian citizen. She was born on 29 ^th October 1997 and arrived in the United Kingdom on 20 ^th December 2017, when she claimed asylum.

2. The respondent refused her application on 1 ^st July 2018 and she appealed to the First-tier Tribunal against that refusal. The appeal was heard by First-tier Tribunal Judge M Davies at Manchester Piccadilly on 21 ^st August, 2018.

3. This morning Mr McVeety and Mr Sills have agreed between them that the determination of First Tier Tribunal Judge M Davies contain material errors of law and have invited me to remit the appeal to the First-tier Tribunal for hearing afresh by a judge other than Judge M Davies. I am grateful to them.

4. I find that the determination of Judge M Davies does contain material errors of law and I set it aside. The appeal will be heard afresh by the First-tier Tribunal before a judge other than Judge M Davies.

Notice of Decision

The determination is set aside

No anonymity direction is made.

 

 

Richard Chalkley

A judge of the Upper Tribunal. Date: 19 December 2019