 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
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 |
||
[New search] [Printable PDF version] [Help]
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
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