UI2024001554 [2024] UKAITUR UI2024001554 (20 June 2024)

UI2024001554 [2024] UKAITUR UI2024001554 (20 June 2024)

The First-tier Tribunal erred in law by making irreconcilable findings: rejecting the protection claim (no risk of persecution or undue harshness in internal relocation) while simultaneously finding a risk of re-trafficking and very significant obstacles to integration under Article 8. Such inconsistency renders the decision unsustainable.

Citation
[2024] UKAITUR UI2024001554
Parties
Appellant: S A; Respondent: S S H D
Jurisdiction
United Kingdom
Judgment Date
20 June 2024
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
First-tier Tribunal decision set aside (except on protection claim); case remitted for rehearing by a different Judge in the First-tier Tribunal.
Legal Topics
Asylum, Article 8 ECHR, Internal Relocation, Risk of Re Trafficking, Integration, Mental Health, Protection Claim
Immigration Law Human Rights Law Asylum Article 8 ECHR Internal Relocation Risk of Re Trafficking Integration Mental Health +1 more

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Parties

S A

Appellant

S S H D

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by making inconsistent findings between the protection claim and the Article 8 integration assessment
  2. 2 Whether the appellant faces very significant obstacles to integration in Cameroon under paragraph 276ADE
  3. 3 Whether the risk of re-trafficking is relevant to the Article 8 assessment after rejecting the protection claim

Ratio Decidendi

The First-tier Tribunal erred in law by making irreconcilable findings: rejecting the protection claim (no risk of persecution or undue harshness in internal relocation) while simultaneously finding a risk of re-trafficking and very significant obstacles to integration under Article 8. Such inconsistency renders the decision unsustainable.

Court Disposition

First-tier Tribunal decision set aside (except on protection claim); case remitted for rehearing by a different Judge in the First-tier Tribunal.

Orders

  • First-tier Tribunal decision set aside except as a record of the protection claim.
  • Case remitted for rehearing by another Judge in the First-tier Tribunal.