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

IAC-FH-AR-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/03912/2014

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 4 March 2016	On 13 April 2016

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE HILL QC

 

 

 

Between

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Appellant

and

 

F R M I

(anonymity direction made)

 

Respondent

 

 

Representation :

 

For the Appellant: Mr L Tarlow, Home Office Presenting Officer

For the Respondent: Mr J Wells, M & K Solicitors

 

 

DECISION AND REASONS

 

1. This is an appeal brought by the Secretary of State in relation to a decision of First-tier Tribunal Judge Hollingworth which was promulgated on 9 December 2014. The grounds alleged in relation to error of law deal exclusively with the absence of sufficient reasoning pursuant to which an objective reader can be satisfied that the judge has made clear findings and reasoned conclusions.

 

2. Mr Wells who responds to this appeal very fairly and properly concedes that the grounds in this case are made out.

 

3. The thrust of the judge's decision appears at paragraph 28 of the determination where the judge states: "I find accordingly that the necessary degree of risk has been established". What is plainly lacking from that decision are the various steps in his reasoning and thought process leading to that conclusion. The matter in this instance was rendered complicated by the fact that at least two other judges had looked at either this case or a related case concerning the appellant's husband and there are repeated references in the determination to prior decisions of Judge Osborne and of Judge Juss.

 

4. Bearing in mind the inevitable conclusion that this case will be remitted for a rehearing there is no useful purpose in my relating the factual background or what was in dispute in this appeal.

 

5. Suffice it to say the grounds having been made out I must allow the appeal and quash the determination of the First-tier Tribunal Judge and order that the matter is remitted to the First-tier Tribunal for a hearing de novo where all of these matters can be addressed.

 

Notice of Decision

Appeal Allowed

 

Matter remitted to First-tier Tribunal for redetermination

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

 

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

 

 

Signed Mark Hill Date 2 April 2016

 

Deputy Upper Tribunal Judge Hill QC