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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/08066/2016

 

 

THE IMMIGRATION ACTS

Heard at Bradford	Decision & Reasons Promulgated
On 6 th September 2017	On 12 th September 2017

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE D E TAYLOR

 

 

Between

 

Saeed Zarei

(ANONYMITY DIRECTION NOT MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr C Cole of Parker Rhodes Hickmotts

For the Respondent: Mrs R Petterson, HOPO

 

 

DECISION AND REASONS

1.              This is the appellant's appeal against the decision of Judge Bradshaw made following a hearing at Bradford on 6 ^th January 2017.

2.              Mrs Pettersen accepted that the decision could not stand.

3.              The appellant is a citizen of Iran born on 27 ^th June 1994. He claimed asylum in the UK on the basis that he had converted to Christianity and had suffered persecution in Iran as a consequence.

4.              The judge rejected the appellant's account in its entirety.

5.              The judge heard oral evidence from a Reverend Clarke of the Elim Church in Huddersfield. She said that there were discrepancies between the appellant's account of his preparation for baptism and Reverend Clarke's understanding of it but it is hard to see from the evidence what that discrepancy could be. In any event, on the face of it Reverend Clarke was providing significant evidence in support of the appellant's claim which had to be properly engaged with.

6.              Mrs Pettersen properly acknowledged that there was no such engagement in this determination.

7.              The judge erred in law by failing to assess all of the relevant evidence before her. The decision is set aside. It will have to be remade by a judge other than Judge Bradshaw at a hearing to be fixed in Bradford.

 

No anonymity direction is made.

 

 

 

 

 

 

 

Signed Date 11 September 2017

 

 

Deputy Upper Tribunal Judge Taylor