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Reported Case

Mr Evgeny Mishurov (No Anonomity Order Made) -and- Secretary of State for the Home Department AA/06547/2013 (19 February 2014)

Date: 19/02/2014
Duncan Lewis, Reported Case Solicitors, Mr Evgeny Mishurov (No Anonomity Order Made)  -and-  Secretary of State for the Home Department  AA/06547/2013

Upper Tribunal -Immigration and Asylum Chamber

The appellant is a national of Russia, born on 9 November 1991. In a determination promulgated on 10 September 2013 Upper Tribunal Judge King TD found an error of law and set aside the First-tier Tribunal determination for re-making in due course in the Upper Tribunal. Further background evidence was to be obtained and is still pending in the form of a country report from Professor Robert Chenciner which is expected on 7 February 2014.

In light of the concerns about the findings of fact in the First-tier Tribunal I do not consider that this is a case which needs to be retained in the Upper Tribunal and it is more appropriate that findings of fact be made afresh in the First-tier Tribunal. The appeal will therefore be heard on the first open day after 1 March 2014 in the First-tier Tribunal (Hatton Cross).

The credibility findings are to be preserved also the finding that the claimant is a Jehovah’s Witness and an interpreter in the Russian language.

Save for subparagraph 4 of the directions given by Upper Tribunal Judge King on 10 September 2013, those directions are maintained and no further directions will be made by the Upper Tribunal.


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