IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626

The appellant is a national of Pakistan and previously lived in the Sheika Bur Luv-e Darya village in the Jhelum district of the Punjab. He first entered the United Kingdom with valid leave to enter as a student but subsequently overstayed. He eventually made a claim for asylum and relied on three grounds for doing so, but the only one now relevant is whether he was at risk of an honour killing due to the fact that he had entered into an agreement to marry which he had reneged from. The issue on the appeal is whether the Upper Tribunal erred in law in deciding to remit the case back to the First Tier Tribunal rather than remaking the decision itself and allowing the appeal. The appellant contends that no outstanding legal issues remained such as to require further amplification of the facts, with the result that the Upper Tribunal was bound to substitute the First Tier Tribunal’s decision and allow the Appellant’s appeal outright, without the need for a further hearing.

Citation:  IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626

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