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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> PA058232016 [2018] UKAITUR PA058232016 (26 July 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/PA058232016.html Cite as: [2018] UKAITUR PA58232016, [2018] UKAITUR PA058232016 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/05823/2016
THE IMMIGRATION ACTS
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Heard at Glasgow |
Decision & Reasons Promulgated |
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on 19 July 2018 |
on 26 July 2018 |
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Before
UPPER TRIBUNAL JUDGE MACLEMAN
Between
PAYWAND [I]
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
For the Appellant: Ms N Loughran, of Loughran & Co, Solicitors
For the Respondent: Senior Home Office Presenting Officer
DETERMINATION AND REASONS
1. Designated FtT Judge Murray dismissed the appellant's appeal by a decision promulgated on 28 December 2017. On 20 March 2018, UT Judge Rimington granted to appeal to the UT.
2. At paragraph 40 of her decision, Judge Murray said:
The issue is whether I believe [the appellant] was smuggling KDPI material ... I believe he has added this to his account to give him an asylum claim which he did not have before.
3. Unfortunately, that was a slip. The first record of the claim is the screening interview of 9 December 2015, which includes the following:
4.1 Please briefly explain all of the reasons why you cannot return to your home country?
I fear the authorities. I was accused of delivering packages to political parties. I was not aware of the goods I was delivering.
4. The misconception plays a significant part in the adverse conclusion reached, such that the decision cannot safely stand.
5. The decision of the FtT is set aside. It remains only as a record of what was said at the hearing.
6. The nature of the case is such that it is appropriate under section 12 of the 2002 Act and Practice Statement 7.2 to remit to the FtT for an entirely fresh hearing.
7. The member(s) of the FtT chosen to consider the case are not to include Judge Murray.
8. No anonymity direction has been requested or made.
17 July 2018
Upper Tribunal Judge Macleman
