UI2022004838 & UI2023003857 [2023] UKAITUR UI2022004838 (4 December 2023)

UI2022004838 & UI2023003857 [2023] UKAITUR UI2022004838 (4 December 2023)

The First-tier Tribunal's decision was set aside because it failed to provide adequate reasons regarding the availability of family support and the assessment of risk on return, and did not properly engage with the evidence, including the expert report. Both parties' appeals succeeded and the matter was remitted for a fresh hearing.

Citation
[2023] UKAITUR UI2022004838
Parties
Appellant/respondent: Secretary of State for the Home Department; Respondent/appellant: A A
Jurisdiction
United Kingdom
Judgment Date
04 December 2023
Procedural Posture
Immigration and Asylum Appeal / Appeal From First Tier Tribunal to Upper Tribunal
Outcome
Appeal and cross-appeal allowed; First-tier Tribunal decision set aside
Legal Topics
Asylum, Article 3 ECHR, Article 8 ECHR, Mental Health and Vulnerable Persons, Error of Law, Remittal
Immigration Law Human Rights Law Asylum Article 3 ECHR Article 8 ECHR Mental Health and Vulnerable Persons Error of Law Remittal

Case Brief

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Parties

Secretary of State for the Home Department

Appellant/respondent

A A

Respondent/appellant

Procedural Posture

Immigration and Asylum Appeal / Appeal From First Tier Tribunal to Upper Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in allowing the appeal on Article 3 and Article 8 ECHR grounds
  2. 2 Whether the First-tier Tribunal gave adequate reasons regarding family support and risk on return to Morocco
  3. 3 Whether the claimant would face a real risk of ill-treatment or disproportionate interference with private life on return

Ratio Decidendi

The First-tier Tribunal's decision was set aside because it failed to provide adequate reasons regarding the availability of family support and the assessment of risk on return, and did not properly engage with the evidence, including the expert report. Both parties' appeals succeeded and the matter was remitted for a fresh hearing.

Court Disposition

Appeal and cross-appeal allowed; First-tier Tribunal decision set aside

Orders

  • The previous decision is set aside.
  • The appeal is to be remade afresh in the First-tier Tribunal with no findings of fact or credibility preserved.