Case No. UKUT-00453-(IAC)

19.We turn then to the third and final ground advanced by the appellant which assails the judge’s reliance on the Sprakab report. This ground alleges that the judge should have found that the report on the appellant displayed procedural bias because at no stage did it test her understanding of Tigrinya, notwithstanding that she was recorded as having stated that she understood Tigrinya. The judge should not have accepted the respondent’s assertion that due to her claimed parentage she should have used speech displaying some features of Tigrinya, as the appellant had given a plausible account of why her speech did not display such features – principally that she was a migrant child who had been brought up by an Ethiopian nanny. Further, whilst analyst one, Catharina Karlhager, records expertise in analysing Amharic and Tigrinya, the second linguist, Petter Lovgren, records no evidence in his CV that he has expertise in either of these languages. The finding of the judge at [56] that both the experts are well qualified was therefore irrational. Finally, the judge should have taken account of the fact that the “Knowledge” section of this report accepts that the appellant had knowledge of Assab (her claimed birth place) and of Eritrea. The only point taken against her in this section of the report is limited to one, concerning her knowledge about the two ports, in Assab.20.We are not persuaded that this ground discloses a material error of law either. The judge’s assessment of the appellant’s identity and nationality was based on the evidence as a whole, so that, in relation to the appellant’s claimed knowledge of Eritrea, the Sprakab report section on “Knowledge” was only part of the overall picture. In her asylum interview the appellant had failed to show adequate knowledge of Eritrea in several respects. The respondent’s refusal decision noted that she had failed to give correct answers to questions about Eritrea regarding opening hours of shops, school uniforms, traditional sports, winter months in Assab, the name of the ancient city near Assab, the ancient islands in the Bay of Assab, the second port in Eritrea, the name of the section of Assab by the shoreline and the part of the section of Assab in the centre. We are also satisfied that in assessing the significance of these shortcomings the judge took proper account of her claimed reasons for them (including her claim to have only lived in Eritrea for three short periods). We conclude that the judge’s findings as regards knowledge were entirely open to him on the evidence.21.As regards the appellant’s linguistic characteristics, it was equally the case that the judge had regard not just to the Sprakab report but to the asylum interview (which included some questions asked in Tigrinya) and the appellant’s own evidence at the hearing: see especially [17] – [19], and submissions made about the Sprakab report [39].22.We would accept nevertheless that the judge did rely significantly on the Sprakab report, and that if such reliance was misplaced that would give rise to a material error of law: however we do not find such reliance was misplaced.23.What the judge concluded about the report is set out at [55] – [57] as follows:- “55. I do not accept that the report shows evidence of procedural bias. It is apparent from the introductory passage to the report at C1 that the analysts were asked to examine the applicant’s language by analysis. It does not indicate that the analysts were asked to establish that the appellant is from Ethiopia . Secondly, it is acknowledged that the report was prepared on instructions from the Home Office but Sprakab, its linguists and analysts are aware that the material might be considered on appeal and that it is the duty of the analyst to help the Tribunal on matters within Sprakab’s expertise. The duty, it is said, is ‘paramount and overrides any obligation to the Home Office. We have complied with our duty to the Tribunal… ’ 56. I note what was said by the Supreme Court about the decision of the Upper Tribunal in the case of