RP000852017

The Secretary of State's appeal to the Upper Tribunal was allowed at the error of law stage, and therefore, I shall refer to the parties as in the First-tier Tribunal. The Appellant is a citizen of Somalia born on 1 December 1985. His appeal against deportation was allowed by First-tier Tribunal Judge Hodgkinson on Article 3 grounds.

The Respondent's appeal to the Upper Tribunal was allowed for the reasons given in the decision dated 11 April 2018. The Upper Tribunal concluded:

"28. We set aside the judge's finding that the Appellant had no access to funds and 'he does not have any skills sets of note'. These findings were contrary to the evidence that the Appellant's siblings could provide £100 on occasion, the Appellant could benefit from resettlement package of £1,500, he had always financially supported himself in the UK; he had been employed in the UK; he speaks English; and he had a part share in a business."

The First-tier Tribunal did not address Article 8 and accordingly the matter was adjourned for rehearing on Article 3 and Article 8 grounds with directions to file and serve any further evidence no later than 14 days before the hearing and both parties to file and serve skeleton arguments no later than 7 days before the hearing.

On 14 May 2018, the Respondent served a skeleton argument attaching a witness statement of Anne Brewer confirming that in respect of a forced returnee, where a person has not applied for or has been refused assistance under the Voluntary Returns Scheme, they will receive $100 on departure to cover their immediate needs. Also attached were responses to information requests and an article entitled "Return of Querky Somali Diasporans". I grant the application under Rule 15(2A) and permit the admission of these documents.