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

 

Asylum and Immigration tribunal-b&w-tiff"

Upper Tribunal

(Immigration and Asylum Chamber) PA/00409/2018

 

THE IMMIGRATION ACTS

 

Heard at Edinburgh	Decision & Reasons Promulgated
On 30 January 2020	On 4 February 2020

Before

 

UPPER TRIBUNAL JUDGE MACLEMAN

 

Between

 

MOSLEM [A}

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

For the Appellant: Mr S Winter, Advocate, instructed by Latta & Co, Solicitors

For the Respondent: Mr A Govan, Senior Home Office Presenting Officer

 

DETERMINATION AND REASONS

1.              The appellant is a citizen of Iran, born on 7 February 1983. By a decision promulgated on 29 May 2018, Designated FtT Judge Murray dismissed his appeal against the respondent's decision to deport him as a foreign criminal.

2.              The appellant petitioned the Court for reduction of the UT's refusal of permission to appeal. On 4 December 2019, the Vice President of the UT granted permission in light of the Court's interlocutor and of the joint minute between the parties.

3.              The joint minute was entered into in light of TF & MA [2018] CSIH 58, published after the FtT made its decision.

4.              Mr Govan conceded that the reasoning of the FtT in relation to the evidence of the "church witnesses" disclosed error, such that a fresh hearing was required. The following outcome was agreed.

5.              The decision of the FtT is set aside. It stands 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 2007 Act, and under Practice Statement 7.2, to remit to the FtT for an entirely fresh hearing.

7.              No anonymity direction has been requested or made.

 

 

30 January 2020

UT Judge Macleman