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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/06220/2014

 

 

THE IMMIGRATION ACTS

 

 

Heard at Bradford	Determination Promulgated
On 8 January 2015	On 13 January 2015

 

Before

 

 

UPPER TRIBUNAL JUDGE D E TAYLOR

 

 

Between

 

AMIREH SALMANI

Appellant

And

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation:

For the Appellant: Fadiga and Co.

For the Respondent: Mr Mills, HOPO.

 

 

DETERMINATION AND REASONS

 

1.             This appeal came before Judge Oakley on 30 September 2014 at Hatton Cross. He dismissed the appellant’s appeal on asylum grounds, not accepting that the appellant was at risk of persecution for political reasons in Iran as claimed.

 

2.             In doing so he said that he placed little weight to the evidence of the previous Secretary General of the ADPF, who gave evidence on the appellant’s behalf, on the grounds that there was no authorisation from the organisation and he found the evidence given to be evasive.

 

3.             The grounds of application state that the witness provided a letter on ADPF letter headed paper. Moreover the judge gave no reasons for concluding that the evidence was unreliable.

 

4.             Mr Mills accepted that the judge had given no proper justification for discounting the evidence, and that the determination was flawed. The proper course was a remittal to the First-tier Tribunal.

 

5.             The decision of Judge Oakley is set aside on the grounds that the judge has not taken into account relevant evidence, and has not given adequate reasons for his conclusions. The case should therefore be set down before a judge other than Judge Oakley at Hatton Cross, so that the decision can be remade.

 

 

 

Signed Date 8 January 2015

 

Judge of the Upper Tribunal