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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/13783/2016

 

THE IMMIGRATION ACTS

 

Heard at Civil Justice Centre, Manchester	Determination Promulgated
On 4 th June 2018	On 5 th June 2018

 

 

Before

 

UPPER TRIBUNAL JUDGE COKER

 

Between

 

 

MZ

(ANONYMITY ORDER MADE)

Appellant

 

And

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

 

For the Appellant: Mr R O'Ryan, instructed by Duncan Lewis & Co solicitors

For the Respondent: Mr P Duffy, Senior Home Office Presenting Officer

 

DECISION AND REASONS

 

Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/269) I make an anonymity order. Unless the Upper Tribunal or a Court directs otherwise, no report of these proceedings or any form of publication thereof shall directly or indirectly identify the original Appellant/parties in this determination identified as MZ. This direction applies to, amongst others, all parties. Any failure to comply with this direction could give rise to contempt of court proceedings  

 

1.     MZ was granted permission to appeal the decision of First-tier Tribunal judge Hunter who had dismissed the appellant's appeal relating to the risk of indiscriminate violence reaching the Article 15(c) standard. He was refused permission requesting a review of the decision of First-tier Tribunal Judge Hunter.

 

2.     Before me Mr Duffy and Mr O'Ryan confirmed that they considered there to have been a material error of law by the First-tier Tribunal judge in his assessment of the risk of indiscriminate violence and, in accordance with ZMM *Article 15(c)) Libya CG [2017] UKUT 263, there was a material error of law in the judgment of First-tier Tribunal judge Hunter such that the decision is set aside to be remade.

 

3.     Both parties agreed that the appeal on Article 15(c) grounds should be allowed.

 

4.     In accordance with The Tribunal Procedure (Upper Tribunal) Rules 2008 rule 39 I consider it appropriate to make a consent order disposing of the proceedings, allowing the appeal.

 

Conclusions:

 

The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.

 

I set aside the decision

 

I re-make the decision in the appeal by allowing it on humanitarian protection grounds.

 

 

 

 

 

Date 4 ^th June 2018

Upper Tribunal Judge Coker