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

IAC-FH-CK-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/20732/2019 (V)

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 26 May 2021	On 14 June 2021
(remote hearing)

 

 

Before

 

UPPER TRIBUNAL JUDGE SHERIDAN

 

 

Between

ANITA ZAINAB BANDELE

(ANONYMITY DIRECTIOn not made)

Appellant

and

 

ENTRY CLEARANCE OFFICER

Respondent

 

 

Representation

For the Appellant: Mr Brown, Counsel instructed by Jiva Solicitors

For the Respondent: Mr Deller, Senior Home Office Presenting Officer

 

This has been a remote hearing to which both parties have consented. The form of remote hearing was video by Microsoft Teams (V). A face to face hearing was not held because it was not practicable and all issues could be determined in a remote hearing. I did not experience any difficulties, and neither party expressed any concern, with the process.

 

 

CONSENT ORDER

 

Background

1.              Following submissions from Mr Brown, Mr Deller (a) conceded that the adverse credibility findings of the First-tier Tribunal were inadequately reasoned and could not stand; (b) agreed with Mr Brown that the decision should be re-made by a different judge in the First-tier Tribunal; and (c) agreed with Mr Brown to dispose of the proceedings by way of a consent order.

 

Decision

2.              Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties I make the following order:

3.              The decision of the First-tier Tribunal is set aside and the appeal is remitted to the First-tier Tribunal to be made afresh by a different judge with no findings preserved.

 

 

Signed   D. Sheridan
Upper Tribunal Judge Sheridan	Dated: 26 May 2021