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

IAC-FH- CK-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/00023/2015

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 8 April 2016	On 27 April 2016

 

 

Before

 

UPPER TRIBUNAL JUDGE CLIVE LANE

 

Between

 

A B

(ANONYMITY DIRECTION MADE )

Appellant

 

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

 

For the Appellant: Ms L Hirst, instructed by Camden Community Law Centre

For the Respondent: Mr S Whitwell, Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1.              The appellant, A B, was born in 1987 and is a female citizen of Pakistan. She had appealed to the First-tier Tribunal (Judge Callow) against a decision of the respondent dated 4 December 2014 to remove her by way of directions having rejected her asylum claim. The First-tier Tribunal, in a decision promulgated on 8 February 2016, dismissed the appeal. The appellant appealed, with permission, to the Upper Tribunal.

2.              In a Rule 24 notice dated 14 March 2016, the representative of the respondent indicated unequivocally that the respondent did not oppose the appellant's application and invited the Tribunal "to determine the appeal with a fresh oral (continuance) hearing" ( sic). In the circumstances, I set aside the decision of the First-tier Tribunal although, with the agreement of both representatives before the Upper Tribunal, the findings of fact contained in paragraphs 22 - 24 of that decision are preserved. The appeal will be returned to the First-tier Tribunal (not Judge Callow) for that Tribunal to remake the decision following a further hearing.

Notice of Decision

 

The decision of the First-tier Tribunal promulgated on 8 February 2016 is set aside. The findings of fact contained in that decision at paragraphs 22 - 24 are preserved. The appeal is returned to the First-tier Tribunal (not Judge Callow) for that Tribunal to remake the decision following a further hearing.

 

Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008

 

Unless and until a Tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify her or any member of her family. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.

 

 

 

 

 

 

Signed Date 26 April 2016

 

 

Upper Tribunal Judge Clive Lane