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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/10801/2019 (V)

 

THE IMMIGRATION ACTS

 

Heard at Cardiff Civil Justice Centre	Decision & Reasons Promulgated
Remotely by Microsoft Teams On 27 May 2021	On the 07 June 2021

 

Before

 

UPPER TRIBUNAL JUDGE GRUBB

 

Between

 

B A A

(Anonymity Direction in force)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation :

For the Appellant: Mr G Brown, instructed by Waddell Taylor Bryan Solicitors

For the Respondent: Mr M Diwnycz, Senior Home Office Presenting Officer      

 

NOTICE OF DECISION

 

1.     Both subparagraphs of rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended) apply to this decision.

2.     The decision of the First-tier Tribunal (Judge Hone) sent out on 4 March 2020 is erroneous in law. It cannot stand and I set it aside.

3.     The appeal is remitted to be determined by the First-tier Tribunal de novo at an oral hearing before a judge other than Judge Hone.

 

Signed

A Grubb

Judge of the Upper Tribunal

27 May 2021