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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: UI-2022-002477

(PA/55026/2021); LP/00076/2022

 

 

THE IMMIGRATION ACTS

 

 

On the papers	Decision & Reasons Promulgated
On 26 September 2022	On 21 October 2022

 

Before

 

UPPER TRIBUNAL JUDGE HANSON

 

 

Between

 

MAHDI ALI KAMAL

( Anonymity direction not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DECISION AND REASONS

 

1.                   In a determination promulgated on 8 April 2022 First-tier Tribunal Judge Garrett dismissed the appellant's appeal. Permission to appeal to the Upper Tribunal was granted by another judge of the First-tier Tribunal on the basis it was said to be arguable that the findings made by Judge Garrett at [65] are contrary to the current country guidance provided in SMO [2022] UKUT 110.

2.                   When considering listing directions to progress the appeal it was thought appropriate to issue a further case management directions, the relevant part of which is in the following terms:

 

 

 

 

 

 

3.                   A response has been received dated 23 September 2022 in the following terms:

Good morning,

RE: Directions - PA/55026/2021

The SSHD writes further to the directions dated 05th September 2022.

In light of the observations at [3]-[7] of the attached directions, the SSHD is content for the Upper Tribunal to find that the decision of the First Tier Tribunal (promulgated on 08th April 2022) contains a material error of law and should be set aside. In light of this, the SSHD is content for the decision to be remade by the Upper Tribunal without a hearing, allowing the appeal.

[ ]

Senior Presenting Officer

Specialist Appeals Team, Central London.

4.                   In light of the current country guidance case law and the correctly stated position of the Secretary of State, the Upper Tribunal concludes that it is possible to determine this appeal without the need for a further hearing.

5.                   For the reasons set out in the grounds seeking permission to appeal, the grant of permission to appeal, as reflected in the directions given above, it is found the decision of Judge Garrett contains a material error of law and is set aside.

6.                   In light of the current country guidance case and the available evidence in this appeal the Upper Tribunal is able to substitute a decision allowing the appeal.

 

Decision

7.                   I allow the appeal.

Anonymity.

8.                   The First-tier Tribunal made no order pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.

I make no such order pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

 

 

Signed.......................................................

Upper Tribunal Judge Hanson

Dated 26 September 2022