(Immigration and Asylum Chamber) Appeal Number: PA /10957/2018
THE IMMIGRATION ACT
Heard at Civil Justice Centre Manchester
Decision & Reasons Promulgated
On 18 th March 2019
On 21 st March 2019
DEPUTY UPPER TRIBUNAL JUDGE MCCLURE
(ANONYMITY DIRECTION NOT MADE)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Appellant: Mr Sadiq of Adam Solicitor
For the Respondent: Mr Tan Senior Home Officer Presenting Officer
DECISION AND REASONS
1. This is an appeal by the Appellant against the decision of First-tier Tribunal Judge Mark Davies promulgated on the 23 rd October 2018 whereby the judge dismissed the appellant's appeal against the decision of the respondent to refuse the appellant's claims based on asylum, humanitarian protection and Articles 2 and 3 of the ECHR.
2. I have considered whether or not it is appropriate to make an anonymity direction. Having considered all the circumstances I do not consider it necessary to do so.
3. Leave to appeal to the Upper Tribunal was granted by First-tier Tribunal Judge on 16 th November 2018. Thus the case appeared before me to determine whether or not there was a material error of law in the decision.
4. At the outset of the hearing Mr Tan on behalf of the respondent conceded that the judge failed to properly consider the background evidence and put the evidence given into the framework of the background evidence. Mr Tan accepted that that failure by the judge brought into question the findings and conclusions such that it was an error of law rendering the decision unsafe. In the circumstances Mr Tan did not oppose the appeal and accepted that the appeal should be remitted to be heard afresh.
5. Mr Sadiq on behalf of the appellant agreed to the course proposed by Mr Tan.
6. In light of the submissions made there is a material error of law and the appeal is allowed. The case is remitted back to the First-tier Tribunal for hearing afresh.
Notice of Decision
7. I allow the appeal to the extent that it is remitted back to the First-tier Tribunal for a further hearing on all grounds. None of the findings of fact are preserved.
Deputy Upper Tribunal Judge McClure Date 19 March 2019.