Case No. UKUT-00508-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00508-(IAC)

Fecha: 05-Oct-2016

SM and Qadir

[2016] UKUT 229 (IAC), at [63] especially, when the so-called “generic” evidence was examined in some detail giving rise to the findings rehearsed. It matters not that SM and Qadir post-dated the decision in the present case. The inexorable conclusion is that the Judge erred in law in this rather unparticularised and unreasoned statement in the determination.13.Finally, we turn to the issue of materiality as regards the second and third errors of law which we have diagnosed. An error of law is material if its avoidance could have led to a different outcome. An appellate court or tribunal in applying this test must be confident that the outcome at first instance would have been unchanged had the error of law been avoided. We do not have that degree of confidence as regards either the second or third grounds upon which we have determined that the decision of the First-tier Tribunal must be set aside.