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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA026882015

PA026912015

PA026892015

 

 

THE IMMIGRATION ACTS

Determined at Field House	Determination Promulgated
On 3 rd June 2016	On 8 th June 2016

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE SAINI

 

 

Between

 

NAIMITKUMAR JAGDISHBHAI PATEL

HETALBEN NAIMITKUMAR PATEL

[A P]

Appellants

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

DETERMINATION BY CONSENT

 

Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:

Upon the parties agreement that the determination of the First-tier Tribunal promulgated on 31 ^st March 2016 discloses a material error of law, it is hereby order by consent that:

1.              The judge made material errors of law in relation to failing to make findings upon the Appellant's reasons for claiming asylum, and the Appellants were denied a fair hearing.

2.              The determination is set aside in its entirety with no findings preserved, and

3.              The matter is remitted to be heard by a judge of the First-tier Tribunal other than Judge Majid.

 

The Secretary of State's appeal in the Upper Tribunal is therefore allowed. The decision of the First-tier Tribunal is set aside for legal error.

 

 

 

 

Signed Date 8th June 2016

 

 

Deputy Upper Tribunal Judge Saini