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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/02054/2015

 

 

THE IMMIGRATION ACTS

 

 

Heard at Bradford	Decision & Reasons Promulgated
On 2 May 2019	On 07 May 2019

 

Before

 

UPPER TRIBUNAL JUDGE LANE

 

 

Between

 

MSH

(ANONYMITY DIRECTION MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Ms Khan

For the Respondent: Mrs Pettersen, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

1.              I refer to my decision promulgated on 30 January 2017. Confusion has subsequently arisen as to whether the Secretary of State has or has not granted leave to remain to the appellant. I was under the impression that he had done so and accordingly on 4 January 2018 purported to issue a notice of abandonment. It transpires that the Secretary of State has not granted leave to remain to the appellant. I was assisted by both representatives at the For Mention hearing which I listed at Bradford on 2 May 2019. Both parties are agreed that I should issue this decision allowing the appellant's appeal against the Secretary of State's refusal of his application for international protection.

Notice of Decision

The appeal is allowed on asylum and human rights (Article 3 ECHR) grounds.

 

 

Signed Date 2 May 2019

 

Upper Tribunal Judge Lane

 

 

 

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

 

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