UI2024001857

             By a decision dated 2 April 2024, First-tier Tribunal Judge Hussain ("the judge") dismissed an appeal brought by the appellant, a citizen of Albania born in May 2001, against a decision of the Secretary of State dated 24 March 2023 to refuse his claim for asylum and humanitarian protection. The judge heard the appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act").

             The appellant now appeals against the decision of the judge with the permission of First-tier Tribunal Judge Saffer.

             We informed the parties at the hearing that this appeal would be allowed, that the decision of the judge would be set aside, and that the appeal against the refusal of the appellant's asylum claim would be remitted to the First-tier Tribunal with no findings preserved, to be heard afresh by a different judge. We reserved our reasons, which we now give.

             The judge made an order for the appellant's anonymity. We maintain that order. The appellant has an outstanding claim for asylum and has also been recognised as a victim of modern slavery, pursuant to a decision of the Single Competent Authority dated 19 January 2023. Pursuant to the Sexual Offences (Amendment) Act 1992, the appellant enjoys lifelong anonymity on account of the allegation that he is a victim of modern slavery.

             The appellant's case is that when he was 12 years old he was made by his father to sell cigarettes to customers in bars and cafés in Tirana, his home town. In due course, the appellant accepted an invitation from two men who had befriended him to earn more money doing different work. That, on the appellant's case (and as accepted by the Single Competent Authority) led to the appellant being forced to engage in cannabis farming in Albania.