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


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> AA003662013 [2013] UKAITUR AA003662013 (9 July 2013)
URL: http://www.bailii.org/uk/cases/UKAITUR/2013/AA003662013.html
Cite as: [2013] UKAITUR AA003662013, [2013] UKAITUR AA3662013

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    Upper Tribunal

    (Immigration and Asylum Chamber)                                   Appeal Number: AA/00366/2013

     

     

    THE IMMIGRATION ACTS

     

     

    Heard at Field House

    Determination Promulgated

    On 8 July 2013

    On 9 July 2013

    Prepared 8 July 2013

    …………………………………

     

     

    Before

     

    UPPER TRIBUNAL JUDGE MCGEACHY

     

    Between

     

    Ali Senussi

     

    Appellant

    and

     

    SECRETARY OF STATE FOR THE HOME DEPARTMENT

     

    Respondent

     

     

    Representation:

     

    For the Appellant:          Ms J. Wilding, of Counsel, instructed by Brighton Housing Trust  

    For the Respondent:      Mr D. Hayes, Senior  Home Office Presenting Officer

     

     

    DETERMINATION AND REASONS

     

     

    1.       At the hearing of the appeal before me Mr Hayes agreed that there were material errors of law in the determination of the Judge of the First-tier in that the Judge had made no findings on the documentary evidence provided: in particular he had not stated whether or not he found that the appellant’s father’s old diplomatic passport was genuine and therefore what that showed with regard to the appellant’s father’s involvement with the Gaddafi regime. He had not considered the other  documentary evidence : the ID card from the Purification Committee and the Gratitude and Appreciation Certificate. 

    2.       Findings regarding those documents and therefore the connection of the appellant’s father with the Gaddafi regime are clearly relevant to the assessment of the  appellant’s  claims as to what had happened in  Libya and  an  assessment of the  appellant’s fear of return. 

    3.       I therefore consider that this appeal should be re-heard afresh on all grounds and indeed that the requirements of the present Tribunal’s Practice Statement at paragraph 7.2 are met.

    4.       For the above reasons I allow the appeal of the Secretary of State to the limited extent that it is remitted to the First-tier Tribunal to be heard afresh.

    5.     The appeal will be heard at Taylor House on 23 October 2013, 3 hours, North African Arabic interpreter.

     

     

     

     

     

    Signed                                                                         Date

     

     

    Upper Tribunal Judge McGeachy

     


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URL: http://www.bailii.org/uk/cases/UKAITUR/2013/AA003662013.html