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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 >> AA058992014 [2014] UKAITUR AA058992014 (12 December 2014)
URL: http://www.bailii.org/uk/cases/UKAITUR/2014/AA058992014.html
Cite as: [2014] UKAITUR AA058992014, [2014] UKAITUR AA58992014

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Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/05899/2014

 

 

THE IMMIGRATION ACTS

 

 

Heard at Bradford

Determination Promulgated

On 9 December 2014

On 12 December 2014

 

 

 

Before

 

UPPER TRIBUNAL JUDGE D E TAYLOR

 

 

Between

 

M T

Appellant

And

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation:

For the Appellant: Ms Patel, Counsel, instructed by Halliday Reeves solicitors.

For the Respondent: Mr Diwncyz, HOPO

 

 

DETERMINATION AND REASONS

 

1.             This appeal came before Judge Fisher on 17 September 2014 at North Shields. He dismissed the appellant’s appeal on asylum grounds, not accepting that the appellant was a homosexual as claimed.

 

2.             In doing so he relied on the fact that the appellant disclosed his claim late, after the reasons for refusal letter had been issued in relation to the claim of risk on political grounds.

3.             It was argued in the grounds that the judge did not take into account the appellant’s explanation for the late disclosure, and that he did not properly assess the background evidence.

 

4.             Mr Diwncyz accepted that the determination could not stand, and that the proper course was a remittal to the First-tier Tribunal

 

5.             The case of A v Staatssecretaris van Veiligheid en Justite [2014] EUECJ C- 148/13, published after the judge had made his decision, makes it clear that it cannot be concluded that the declared sexuality lacks credibility simply because, due to reticence in disclosing intimate aspects of personal life, it was not declared at the outset.

 

6.             It is also right to say that objective evidence in the appellant’s bundle relating to the attitude of the present Egyptian authorities to homosexuality was not referred to in the determination, and, if the credibility findings are unsafe, further consideration to that evidence must be given.

 

7.             The decision of Judge Fisher is set aside. The case should therefore be set down before a judge other than Judge Fisher at North Shields, with all issues at large.

 

 

 

Signed Date 11 December 2014

 

Judge of the Upper Tribunal


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URL: http://www.bailii.org/uk/cases/UKAITUR/2014/AA058992014.html