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


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA113372013 [2013] UKAITUR IA113372013 (19 August 2013)
URL: http://www.bailii.org/uk/cases/UKAITUR/2013/IA113372013.html
Cite as: [2013] UKAITUR IA113372013

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    UPPER TRIBUNAL

    IMMIGRATION AND ASYLUM CHAMBER

     

     

     

    THE IMMIGRATION ACTS

     

     

    Heard at: Birmingham

    On: 15 August 2013

    Decision Promulgated:

    On: 19th August 2013

     

     

    Before

     

    Upper Tribunal Judge Pitt

     

     

    Between

     

    Ms Adeola Adebimpe Ajayi

    Appellant

    and

     

    Secretary of State for the Home Department

     

    Respondent

     

    Representation:

     

    For the Appellant: Ms Chaggar instructed by Davjunnel Solicitors

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

     

    DETERMINATION AND DIRECTIONS FOR REMITTAL TO FIRST-TIER TRIBUNAL

     

     

    1.      The parties were in agreement that the First-tier Tribunal materially erred in law in determining the appeal on the papers rather than at an oral hearing. I found that the determination dated 18 June 2013 of First-tier Tribunal Judge Pirotta should be set aside as it disclosed a material procedural error and that the appeal should be re-made.

     

    2.      The parties were also in agreement that as the error was such that appellant had been deprived of a substantive hearing before the First-tier Tribunal, the appeal should remitted to the First-tier Tribunal to be re-made following paragraph 7.2 of Part 3 of the Senior President’s Practice Statement dated 25 September 2012.

     

    DECISION

     

    3.      The decision of the First-tier Tribunal discloses an error on a point of law such that it is set aside.

     

    4.      The appeal is remitted to the First-tier Tribunal to be re-made.

     

    DIRECTIONS

     

    5.      The appeal will be heard at the Birmingham hearing centre on Monday 16 September 2013 before a Judge other than First-tier Tribunal Judge Pirotta.

     

    6.      By 9 September 2013, the appellant is to file with the Tribunal and serve on the respondent an indexed and paginated bundle of all materials that are to be relied upon.

     

    Signed: Date: 15 August 2013

    Upper Tribunal Judge Pitt


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URL: http://www.bailii.org/uk/cases/UKAITUR/2013/IA113372013.html