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

IAC-FH-CK-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Numbers: PA/10321/2019

PA/10271/2019

 

THE IMMIGRATION ACTS

 

 

Heard via Microsoft Teams at Field House	Decision & Reasons Promulgated
On the 2 nd September 2021	On the 11 th October 2021

 

Before

 

UPPER TRIBUNAL JUDGE ALLEN

 

Between

 

NAA

RMH

(anonymity direction MADE )

Appellants

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellants: Mr A Islam, instructed by Fountain Solicitors

For the Respondent: Mr S Walker, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1. The appellants are a mother and son, Iraqi citizens, who appealed to the First-tier Tribunal against decisions of the respondent of 16 October 2019 and 4 November 2019.

 

2. Their appeals were dismissed by the judge but following a hearing on 19 February 2021, I found errors of law in the judge's decision and directed a rehearing, in particular with respect to the issue of documentation.

 

3. Mr Walker conceded the appeal. As Mr Islam had also done in his submissions, he referred to the CPIN of 2020 at paragraph 2.6.1(c), which said that it was highly unlikely that a person would be able to obtain replacement documentation from the United Kingdom or from Baghdad. On the evidence of the appellants, they had no contact with family in Iraq and had come to the United Kingdom with no documents. Bearing in mind also the guidance in SMO [2019] UKUT 400 (IAC), the basis of the appellants' evidence before the judge was that they had no contact with family in Iraq and no ID cards with them and would not be able to obtain a CSID from the IKR. Accordingly, Mr Walker conceded the appeal.

 

4. As a consequence, these appeals are allowed, on humanitarian protection grounds.

 

Notice of Decision

 

These appeals are allowed on humanitarian protection grounds.

 

Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008

 

Unless and until a Tribunal or court directs otherwise, the appellants are granted anonymity. No report of these proceedings shall directly or indirectly identify them or any member of their family. This direction applies both to the appellants and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.

 

 

 

 

Signed Date 9 September 2021

 

Upper Tribunal Judge Allen