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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/13592/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at FIELD HOUSE	Determination & Reasons Promulgated
On 16 April 2019	On 23 April 2019

 

Before

 

DEPUTY JUDGE OF THE UPPER TRIBUNAL

G A BLACK

 

 

Between

 

Mr Ahmad mahmood rasool

NO ANONYMITY ORDER MADE

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation :

 

For the Appellant: Ms Harper (Counsel)

For the Respondent: Mr E Tufan (Home Office Presenting Officer)

 

 

ERROR OF LAW DECISION AND REASONS

 

 

1. This is an error of law hearing. The appellant appeals the decision of the First Tier Tribunal (Judge N Lodge) (FTT) promulgated on 15.2.2019 in which the appellant's protection claim was dismissed.

 

Background

2. The appellant is a citizen of Iraq. He appealed the decision of the respondent dated 18.11.2018 in which his claim for protection on political grounds was refused. The appellant claimed that he was a former Ba'ath Party member and that he was involved in an ongoing blood feud with a tribal leader Jalal Kehhi Rafiq (JKR).

 

Grounds of appeal

3. In grounds of appeal the appellant argued that the FTT erred by failing to consider the expert report from Dr George as to the identity of JKR which was dealt with in the report. The role of JKR went to the core of the appellant's claim.

 

4. The FTT failed to make any findings as to the appellant's health issues of a diagnosis of Chronic Obstructive Pulmonary Disorder (COPD) pursuant to AAH (Iraqi Kurds - internal relocation) Iraq CG UKUT 212 (IAC).

 

Permission to appeal

5. Permission to appeal to the Upper Tribunal (UT) was granted by FTJ Grant-Hutchison on both grounds.

 

Discussion and conclusion

6. At the hearing before me I indicated that I took the view that the grounds of appeal had been made out and that the failure to properly consider the content of the expert report was a material error given that the identity of JKR went to the core of the appellant's claim. I was also satisfied that the FTT failed to make any findings in relation to the appellant's individual circumstances in particular his diagnosis of COPD. In light of my indication neither Mr Tufan or Ms Harper made further submissions.

 

Decision

7. There is a material error of law in the decision which shall be set aside. I remit the appeal to the First-tier Tribunal (excluding FTJ N . Lodge) for a hearing de novo.

 

 

Signed Date 17.4. 2019

GA Black

Deputy Judge of the Upper Tribunal

 

NO ANONYMITY ORDER

NO FEE AWARD

 

Signed Date 17.4.2019

 

GA Black

Deputy Judge of the Upper