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

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER	Appeal No: PA/10977/2019

 

THE IMMIGRATION ACTS

 

Decision & Reasons Issued:

On 29 September 2023

 

Before

 

UPPER TRIBUNAL JUDGE LANE

 

Between

 

SERGINE ABDOU KHADRE NIANG

    (NO ANONYMITY ORDER MADE)

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation:

 

For the Appellant:            Ms Evans

For the Respondent:         Mr McVeety, Senior Presenting Officer

 

Heard at Manchester Civil Justice Centre on 15 August 2023

 

DECISION AND REASONS

 

1.             The appellant, a citizen of Senegal, was born on 5 November 1978. By a decision dated 29 October 2019, the Secretary of State refused the appellant’s claim for asylum. The appellant appealed to the First-tier Tribunal which, in a decision promulgated on 22 September 2020, dismissed his appeal. The appellant appealed to the Upper Tribunal which dismissed his appeal by a decision promulgated on 16 March 2021. The appellant appealed that decision to the Court of Appeal. By a consent order dated 22 February 2022, the decision of the Upper Tribunal was set aside and the appeal remitted to the Upper Tribunal for a de novo determination.

 

2.             At the initial hearing at Manchester on 15 August 2023, Mr McVeety, who appeared for the Secretary of State, told me that the appeal was not opposed. The Secretary of State acknowledged that the First-tier Tribunal had fallen into error for the reasons given in the Statement of Reasons provided to the Court of Appeal at [8].

3.             I set aside the decision of the First-tier Tribunal. None of the findings of fact shall stand. There will need to be a new fact-finding exercise which is better conducted in the First-tier Tribunal to which the appeal is now returned for a hearing de novo.

 

 

Notice of Decision

 

The decision of the First-tier Tribunal is set aside. None of the findings of fact shall stand. The appeal is return to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo.

 

 

 

 

 

C. N. Lane

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

 

Dated: 15 August 2023