BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[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 >> AA020912015 & Ors. [2016] UKAITUR AA020912015 (27 April 2016) URL: http://www.bailii.org/uk/cases/UKAITUR/2016/AA020912015.html Cite as: [2016] UKAITUR AA020912015, [2016] UKAITUR AA20912015 |
||
[New search] [Printable PDF version] [Help]
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/02091/2015
AA/02142/2015
AA/02143/2015
THE IMMIGRATION ACTS
|
Heard at Birmingham Centre City Tower |
Decision and Reasons Promulgated |
|
On 14 th April 2016 |
On 27 th April 2016 |
|
|
|
Before
UPPER TRIBUNAL JUDGE COKER
Between
S D D V + 2
(Anonymity order made)
Appellant
And
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Mr S Chelvan, counsel, instructed by TRP solicitors
For the Respondent: Mr M Diwnycz, Senior Home Office Presenting Officer
DETERMINATION AND REASONS
INSERT ANONYMITY
1. In a decision promulgated on 5 th May 2015, First-tier Tribunal judge Stott dismissed the appellants' appeals on refugee and human rights grounds against the decision dated 16 th January 2015 to remove them from the UK. Permission to appeal that decision was granted on 18 th August 2015.
2. Before me Mr Diwnycz stated that he concurred with Mr Chelvan that there were material errors of law in the decision of the First-tier Tribunal judge as set out in the grounds seeking permission and thus that the decision should be set aside and remitted to the First-tier Tribunal to be heard afresh, no findings preserved. I am satisfied in the light of the grounds and the First-tier Tribunal decision that this was a correct concession by Mr Diwyncz.
3. Accordingly, I set aside the decision.
Conclusions:
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
I set aside the decision and remit the appeal to the First-tier Tribunal for rehearing.
Consequential Directions
The matter to be remitted to Birmingham IAC First-tier Tribunal to be heard by a judge other than Judge Stott.
A Spanish (South American) interpreter required.
Time estimate 2 hours.
When listing please liaise with Counsel's clerk - No 5 Chambers
Date 14 th April 2016
Upper Tribunal Judge Coker
