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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/11476/2016

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 11 September 2017	On 27 September 2017

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE CHAPMAN

 

 

Between

 

SK

(ANONYMITY DIRECTION made)

 

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

Representation :

 

For the Appellant: Ms N. Nnamani, counsel instructed by Howe & Co, Solicitors

For the Respondent: Mr T. Melvin, Home Office Presenting Officer

 

__________________

 

DIRECTIONS

__________________

 

1. The appeal came before me for a resumed hearing on 11 September 2017. Mr Melvin indicated that, apart from the fact that the Respondent now accepted that the Appellant had worked at Baghram airbase, the further issues raised in the refusal decision as to the credibility of the Appellant's account remained at large and consequently he considered that the appeal would take at least 2 hours, despite the fact that it had been listed for 1 and a half hours, due to the need for extensive cross-examination.

 

2. In light of the fact that it was after 2pm and that two other substantive appeals remained outstanding in the list, I considered that it would be neither just nor fair for the appeal to proceed on what was overwhelmingly likely to be a part heard basis and it would be better to adjourn the appeal for a further hearing. Following submissions from Ms Nnamani I agreed it would be more appropriate for the appeal to be remitted back to the First tier Tribunal in order for a full hearing to be conducted.

 

3. The appeal is, therefore, remitted for a further hearing before the First tier Tribunal, to be listed on the first available date.

 

 

Rebecca Chapman

 

Deputy Upper Tribunal Judge Chapman

 

18 September 2017