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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA410862014 [2015] UKAITUR IA410862014 (19 June 2015) URL: http://www.bailii.org/uk/cases/UKAITUR/2015/IA410862014.html Cite as: [2015] UKAITUR IA410862014 |
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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 |
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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