United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/07333/2017

 

 

THE IMMIGRATION ACTS

 

 

Determined at Field House without a hearing	Decision & Reasons Promulgated
On 5 March 2019	On 3 April 2019

 

Before

 

UPPER TRIBUNAL JUDGE RINTOUL

 

 

Between

 

T B

(ANONYMITY ORDER MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DECISION AND REASONS

1.              On 15 February 2019 I gave the following directions: -

"1. In the light of the grant of permission by FtTJ Dineen and the rule 24 response dated 14 February 2019 accepting that there was procedural unfairness, I am of the provisional view that there is an error of law in the decision of the First-tier Tribunal such that the decision should be set aside. Having regard to paragraph 7.2 of the Practice Statements of the Immigration and Asylum Chambers of the First-tier Tribunal and the Upper Tribunal, I am also of the provisional view that the case remitted to the First-tier Tribunal for a fresh decision on all issues.

2. In the absence of any written submissions to the contrary, which must be received by the Upper Tribunal within 7 days of this permission decision being sent, the Upper Tribunal intends (without holding a hearing) to set aside the decision of the First-tier Tribunal and to remake it by allowing the appeal.

2.              There has been no response to these directions by either party but by a letter dated 14 February 2018, the respondent stated that he considered that the appeal should be remitted to the First-tier Tribunal and heard de novo.

3.              Accordingly, I am satisfied that neither party objects to the matter being determined without a hearing and has nothing further to say. I am satisfied that that the determination of the First-tier Tribunal did involve the making of an error of law for the reasons set out above, and must therefore be set aside. In the circumstances, owing to a procedural unfairness, the appellant did not receive a fair hearing, and the appropriate course is to remit the appeal to the First-tier Tribunal for a fresh decision on all issues

Summary of conclusions

1.              The determination of the First-tier Tribunal did involve the making of an error of law and I set it aside.

2.              The appeal is remitted to the First-tier Tribunal for a fresh decision on all issues.

 

 

Signed Date: 5 March 2019

Upper Tribunal Judge Rintoul