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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/00018/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House

Decision & Reasons Promulgated

On 3 September 2019

On 16 September 2019

 

 

 

Before

 

UPPER TRIBUNAL JUDGE NORTON-TAYLOR

DEPUTY UPPER TRIBUNAL JUDGE HOLMES

 

 

Between

 

d y

(anonymity directioN MADE)

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, we 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 Appellant or members of his family. This direction applies to, amongst others, all parties. Any failure to comply with this direction could give rise to contempt of court proceedings.

 

 

Representation :

For the Appellant: Ms K Degirmenci, Counsel, instructed by Sentinel Solicitors

For the Respondent: Mr N Bramble, Senior Home Office Presenting Officer

 

 

CONSENT ORDER PURSUANT TO RULE 39 OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

1.              The Appellant challenged the decision of First-tier Tribunal Judge O'Keeffe, promulgated on 25 June 2019, dismissing his appeal against the Respondent's refusal of his protection and human rights claims.

2.              At the hearing, Mr Bramble accepted that, for reasons set out in the grounds of appeal, the judge's decision contained material errors of law, that it should be set aside, and that the appeal should be remitted to the First-tier Tribunal for a complete rehearing. Ms Degirmenci was in agreement.

3.              The Appellant's appeal to the Upper Tribunal is therefore allowed, the decision of the First-tier Tribunal is set aside, and this appeal is remitted.

 

Directions to the First-tier Tribunal

1.              This appeal is remitted for a complete rehearing, with no preserved findings of fact;

2.              The remitted hearing shall not be conducted by First-tier Tribunal Judge O'Keeffe;

3.              A Turkish interpreter is required for the remitted hearing;

4.              There is a 4-hour time estimate for the remitted hearing.

 

Directions to the parties

1.              The Appellant shall, no later than 15 October 2019 , file with the First-tier Tribunal and serve on the Respondent, a consolidated bundle containing all evidence relied upon (including any expert report and materials relating to family members);

2.              The Appellant shall, no later than 7 days before the remitted hearing , file with the First-tier Tribunal and serve on the Respondent a skeleton argument setting out the Appellant's case and providing references to the evidence relied upon in the consolidated bundle;

3.              Any further evidence relied upon by the Respondent shall, no later than 14 days before the remitted hearing .

 

 

Signed Dated: 3 September 2019

 

Upper Tribunal Judge Norton-Taylor