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

IAC-FH- NL-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/41086/2014

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 12 th June 2015	On 19 th June 2015

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE J G MACDONALD

 

 

Between

 

mr rodrigo martins leite

(ANONYMITY DIRECTION not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: No representative

For the Respondent: Mr E Tufan, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

1.              The Appellant is a citizen of Brazil whose appeal under Article 8 ECHR was dismissed by First-tier Tribunal Judge Lloyd-Smith in a decision promulgated on 26 ^th February 2015. The grounds of application essentially say that the judge should have considered the Appellant’s appeal under the EEA Regulations and it was a material error of law not to do so.

2.              Permission to appeal was granted on the basis of what was said in the grounds. The Secretary of State lodged a short response under Rule 24.

3.              The appeal came before me on the above date.

4.              I was grateful to Mr Tufan, the Senior Home Office Presenting Officer for acknowledging that the judge had made a material error in law by not considering the EEA Regulations. That decision was before her to consider and, for whatever reason, it had not been. I was asked to send the matter back to the First-tier Tribunal so that a full hearing could take place on all issues.

5.              As such the outcome of the appeal before me is straightforward. The main case of the Appellant was not Article 8 ECHR but rather that he be allowed to remain here under the EEA Regulations. It is therefore necessary to set the decision of the First-tier Tribunal Judge aside and remit the case to the First-tier Tribunal for a fresh hearing on all matters. The Appellant was present and I explained the outcome to him suggesting that he contact a solicitor to assist him in the preparation of the appeal.

Notice of Decision

6.              The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.

7.              I set aside the decision.

8.              I remit the appeal to the First-tier Tribunal for a fresh hearing on all matters.

9.              No anonymity direction is made.

 

 

 

Signed Date

 

Deputy Upper Tribunal Judge J G Macdonald