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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/12545/2016

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision and Reasons Promulgated
On 8 th June 2017	On 9 th June 2017

 

 

Before

 

UPPER TRIBUNAL JUDGE COKER

 

Between

 

 

SELIM REZK ABDEL MOTTALEB ALI

 

Appellant

And

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation :

 

For the Appellant: Ms P Yong, instructed by Wimbeldon Solicitors

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

 

 

DETERMINATION AND REASONS

 

 

 

1.          First-tier Tribunal Judge Chana dismissed the appellant's appeal against the refusal by the respondent of his asylum and humanitarian appeal.

 

2.          Permission to appeal that decision was granted by designated First-tier Tribunal Judge I Murray who identified evidence that was before Judge Chana which should have, but had not, been considered.

 

3.          In her Rule 24 response the respondent stated she did not oppose the appeal given the failure of Judge Chana to refer to any of the medical reports and invited the Upper Tribunal to allow the appeal and remit the appeal against the respondent's decision to the First-tier Tribunal to be heard by an First-tier Tribunal judge other than judge Chana.

 

4.          Having considered the decision of Judge Chana and the evidence that was before her and not considered by her I am satisfied there is a material error of law in her decision.

 

5.          I set aside the decision and remit the hearing to the First-tier Tribunal for a fresh decision, no findings preserved.

 

 

 

Date 8 ^th June 2017

 

 

Upper Tribunal Judge Coker