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

IAC-AH- CJ-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/02507/2015

 

 

THE IMMIGRATION ACTS

Heard at Columbus House, Newport	Decision & Reasons Promulgated
On 29 th October 2015	On 9 th November 2015

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE DAVIDGE

 

 

Between

 

HTL

(anonymity direction made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Vyaj Lovejoy, HRS Solicitors LLP

For the Respondent: Irwin Richards, Home Office Presenting Officer

 

 

DECISION AND REASONS

1.              The Appellant appeals with permission a decision of the First-tier Tribunal promulgated on 20 ^th July 2015 dismissing his appeal. The judge dismissed his appeal on international protection grounds and also on Article 8 grounds. The grant of permission in this case is restricted to the issues in respect of Article 8 so that the decision of the First-tier Tribunal making findings in respect of and dismissing the Appellant's international protection Grounds of Appeal stands, including the adverse credibility findings.

2.              I am satisfied that the decision of the First-tier Tribunal reveals an error of law in the assessment of Article 8 for the reasons set out in the grant of permission namely that the judge has applied a test of exceptionality contrary to the relevant jurisprudence, has failed to make a finding as to the best interests of the child, and failed to address the best interests of the child as a primary consideration in the evaluative Article 8 assessment.

3.              The parties are in agreement that in light of those errors the decision of the First-tier Tribunal on Article 8 cannot stand and accordingly I set it aside. The grounds of appeal, limited to Article 8, need to be reheard de novo. In that context, I accede to the request to remit the case to the First-tier Tribunal for hearing of the Article 8 Grounds of Appeal.

 

 

Signed Date

 

Deputy Upper Tribunal Judge Davidge