PA047972020 [2023] UKAITUR PA047972020 (4 April 2023)

PA047972020 [2023] UKAITUR PA047972020 (4 April 2023)

The First-tier Tribunal judge committed procedural unfairness by not allowing parties to address the changed country situation in Afghanistan, warranting remittal for a full rehearing.

Citation
[2023] UKAITUR PA047972020
Parties
Appellant/respondent: SFH; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
United Kingdom
Judgment Date
04 April 2023
Procedural Posture
Immigration and Asylum Appeal / Remittal After Appeal on Error of Law
Outcome
appeal allowed; case remitted for rehearing
Legal Topics
Procedural Fairness, Protection Claims, Humanitarian Protection, Article 3 ECHR
Immigration Human Rights Asylum Procedural Fairness Protection Claims Humanitarian Protection Article 3 ECHR

Case Brief

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Parties

SFH

Appellant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Immigration and Asylum Appeal / Remittal After Appeal on Error of Law

Legal Issues

  1. 1 Whether the First-tier Tribunal judge erred in law by failing to allow parties to address the changed country situation in Afghanistan
  2. 2 Whether procedural unfairness occurred due to lack of opportunity for submissions after Taliban takeover

Ratio Decidendi

The First-tier Tribunal judge committed procedural unfairness by not allowing parties to address the changed country situation in Afghanistan, warranting remittal for a full rehearing.

Court Disposition

appeal allowed; case remitted for rehearing

Orders

  • Remitted to First-tier Tribunal (Hatton Cross hearing centre) to be heard by a judge other than First-tier Tribunal Judge Iqbal
  • No preserved findings of fact