IA223812015

This is an appeal against the determination of First-tier Tribunal Judge Phull, promulgated on 1st June 2016, following a hearing at Birmingham, Sheldon Court on 17 th May 2016. In the determination, the judge allowed the appeal of the Appellant, whereupon the Respondent subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The judge observed that the Respondent had accepted in the 2012 refusal letter that there was a considerable problem in Vietnam from trafficking and in particular trafficking for labour. The Respondent had also accepted the availability of the system of protection was very limited and therefore effective protection did not exist in Vietnam (see paragraph 41). The appeal was allowed.

The Grounds of Appeal state that the judge had incorrectly recorded the Respondent as conceding that there was a lack of sufficient protection for victims of trafficking in Vietnam. What was said by the judge at paragraphs 30 and 41 of the decision was not quite the position of the Respondent Secretary of State. Given this mistake, this coloured the view of the background country information which the judge apprised herself of and did not support her findings eventually made.

On 19 th September 2016, permission to appeal was granted on this basis. Permission was not granted on the basis that what was said by Mr Howard Christopher, the Appellant's foster parent, was unsupported by any evidence from professionals who were involved in the case.

I am satisfied that the making of the decision by the judge did not involve the making of an error on a point of law (see Section 12(1) of TCEA 2007) such that I should set aside the decision. My reasons are as follows.