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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/03593/2015

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 20 th July 2016	On 29 th July 2016

 

 

Before

 

UPPER TRIBUNAL JUDGE MARTIN

 

Between

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Appellant

 

and

 

miss Fatmira Muca

(ANONYMITY DIRECTION NOT MADE)

 

Respondent

 

 

Representation :

 

For the Appellant: Mr Paul Duffy (Home Office Presenting Officer)

For the Respondent: Ms I Mahmud (Counsel)

 

 

DECISION AND REASONS

 

1.              This is an application to the Upper Tribunal by the Secretary of State in relation to a Decision of First-tier Tribunal Judge Majid who heard the case at Taylor House on 11 ^th May 2016 and promulgated his Decision and Reasons on 19 ^th May 2016. It was an appeal by an Albanian Appellant born on 8 ^th April 1989 against the refusal of a protection claim.

2.              It appears, although it is not terribly clear from the Decision and Reasons, that the basis of her claim was principally fear of her father. However the judge, despite writing seventeen paragraphs, has made no reasoned findings whatsoever, has not engaged with the facts, has not engaged with the reasons for refusal and the only place where anything relevant is said is at paragraph 11 where he says that:-

"... in her witness statement of 11 ^th May 2016 the Appellant has highlighted the attitude of the father and left him in no doubt that she had been asked to abort her child and she was not willing to do that. In this situation she should be granted asylum in the UK".

3.              There is a lot wrong with that paragraph. First of all there is no reasons as to why he finds her claims credible. Secondly if the person she fears is her father he does not explain how that engages the Refugee Convention. The determination cannot stand. It is woefully inadequate and I set it aside in its entirety.

4.              Because it cannot be said this Appellant has had a fair and proper hearing before the First-tier Tribunal it is appropriate that it be remitted to that Tribunal for a full rehearing before a different judge.

Decision

5.              The appeal by the Secretary of State to the Upper Tribunal is allowed

6.              The appeal is remitted to the First-tier Tribunal at Taylor House for a full rehearing on all issues

 

 

No anonymity direction is made.

 

 

 

Signed Date 29 ^th July 2016

 

 

Upper Tribunal Judge Martin