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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/00350/2016

THE IMMIGRATION ACTS

Heard at Field House On 05 May 2018	Decision and Reasons Promulgated On 11 May 2018

 

 

Before

 

UPPER TRIBUNAL JUDGE BRUCE

 

Between

 

SSA

(ANONYMITY DIRECTION MADE)

Appellant

And

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DETERMINATION AND REASONS

 

1.       On the 5 ^th April 2017 the decision of the First-tier Tribunal (Judge Austin) was set aside by Deputy Upper Tribunal Judge Harris. Judge Harris adjourned the remaking of the appeal pending the promulgation of the Upper Tribunal's decision in the Libya country guidance case.

 

2.       The country guidance case of ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC) was published on the 29 ^th June 2017. The material guidance is:

 

The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or person.

 

3.       On the 13 ^th March 2018 I sent to the parties a note highlighting the decision in ZMM and giving the following direction:

"In light of that guidance it would appear that the Appellant should all succeed on Article 15(c) grounds. Unless the Tribunal receives, no later than 4pm on the 20 ^th March 2017, submissions to the contrary or a request for a further oral hearing, the appeal will be allowed on that basis without a further hearing".

 

4.       No representations have been received by either party. I therefore allow the appeal of the Appellant on the basis that her appeal succeeds on protection (humanitarian protection) grounds.

 

 

 

 

 

Upper Tribunal Judge Bruce

8 ^th May 2018