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	United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> AA083562013 [2014] UKAITUR AA083562013 (6 February 2014) URL: http://www.bailii.org/uk/cases/UKAITUR/2014/AA083562013.html Cite as: [2014] UKAITUR AA83562013, [2014] UKAITUR AA083562013

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Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/08356/2013

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination Promulgated
On 3 February 2014	On 6 February 2014

 

 

Before

 

UPPER TRIBUNAL JUDGE ESHUN

 

Between

 

miss caroline chikowore

 

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

 

Representation:

 

For the Appellant: Mr. A Eaton, Counsel

For the Respondent: Mr. G Saunders, HOPO

 

 

DETERMINATION AND REASONS

 

 

1. The appellant is a citizen of Zimbabwe, born on 27 November 1982. She entered the UK on 20 February 2011, on her own passport, and was granted leave to remain as a visitor until 15 June 2011. She claimed asylum on 4 June 2013.

2. On 12 July 2013 the respondent refused to grant the appellant asylum and, on the same day, a decision was made to refuse her leave to remain in the UK and notifying her that she was liable to removal having overstayed her granted period of leave in the UK. On 24 July 2013 the appellant lodged a notice of appeal against the respondent’s decision. Her appeal was dismissed by First-tier Tribunal Judge Fletcher-Hill.

 

3. I find that the judge erred in law for the reasons set out in the grant of permission. The reasons are that the judge did not give adequate reasons for her adverse credibility findings, accepting and concurring with the views of the Secretary of State without explaining why she was rejecting the evidence presented by the appellant and her witnesses.

 

4. The judge’s decision cannot stand. It is set aside in order to be remade. None of the findings made by the judge shall stand.

 

Directions

 

5. The appellant’s appeal is to be reheard at Hatton Cross on 6 May 2014 by a First-tier Judge other than FtTJ Fletcher-Hill.

 

 

 

 

 

Signed Date: 3 February 2014

Upper Tribunal Judge Eshun