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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/01748/2021

[PA/52245/2020]

 

 

THE IMMIGRATION ACTS

 

 

Field House	Decision promulgated on:
23 rd November 2021	24 th November 2021

 

Before:

 

UPPER TRIBUNAL JUDGE GILL

 

 

Between

 

	SS (ANONYMITY ORDER MADE)	Appellant
And
	The Secretary of State for the Home Department	Respondent

 

 

DECISION

 

1.     By my Directions (signed on 11 November 2021 and sent to the parties on the same date), I indicated my provisional view that I was minded to re-make the decision in the appellant's appeal by allowing it on asylum grounds and human rights grounds (Article 3) and dismissing it on humanitarian protection grounds.

2.     I stated that the Upper Tribunal would proceed to issue a decision to that effect unless either party objected, with written reasons, any such objection(s) to be received no later than 4 pm on the third working day after the date on which the Directions are sent to the parties.

3.     By an email dated 11 November 2021 timed at 13:16 hours, Ms J Isherwood of the respondent's Specialist Appeals Team, confirmed that the respondent did not object to the proposed action.

4.     By an email dated 11 November 2021 time at 15:17 hours, the appellant's representatives confirmed that the appellant does not have any objection to the proposed action.

5.     Accordingly, I re-make the decision on the appellant's appeal by allowing it on asylum grounds and human rights grounds (Article 3) and dismissing it on humanitarian protection grounds.

 

Decision

The making of the decision of the First-tier Tribunal involved the making of a error of law sufficient to require it to be set aside. The decision was set aside in its entirety.

 

I re-make the decision on the appeal by allowing it on asylum grounds and on human rights grounds (Article 3) and dismissing it on humanitarian protection grounds.

 

 

Upper Tribunal Judge Gill Date: 23 November 2021

 

 

 

 

 

________________________________________________________________________________

 

NOTIFICATION OF APPEAL RIGHTS

 

1. A person seeking permission to appeal against this decision must make a written application to the Upper Tribunal. Any such application must be received by the Upper Tribunal within the appropriate period after this decision was sent to the person making the application. The appropriate period varies, as follows, according to the location of the individual and the way in which the Upper Tribunal's decision was sent:

2. Where the person who appealed to the First-tier Tribunal is in the United Kingdom at the time that the application for permission to appeal is made, and is not in detention under the Immigration Acts, the appropriate period is 12 working days (10 working days, if the notice of decision is sent electronically).

 

3. Where the person making the application is in detention under the Immigration Acts , the appropriate period is 7 working days (5 working days, if the notice of decision is sent electronically).

 

4. Where the person who appealed to the First-tier Tribunal is outside the United Kingdom at the time that the application for permission to appeal is made, the appropriate period is 38 days (10 working days, if the notice of decision is sent electronically).

 

5. A "working day" means any day except a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday.

 

6. The date when the decision is "sent' is that appearing on the covering letter or covering email